News & Analysis as of

Fines

Transposition of Directive on Antitrust Damages Actions: Some thoughts

by Allen & Overy LLP on

On 26 May 2017, the Spanish Government enacted the Royal Decree 9/2017 (the Royal Decree) implementing into Spanish law certain European Directives, amongst them, the Directive 2014/104/EU on actions for damages for...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

Til Death Do Us Part – Second Circuit Vacates Deceased Former New York State Senator’s Criminal Fine and Special Assessment under...

In United States v. Libous, 15-3979 (2nd Cir. May 30, 2017) (Katzmann, Winter, Stein), the Second Circuit vacated the jury conviction of former New York State Senator Thomas W. Libous’ and remanded the case to the district...more

Mongolia Amends its Labour Law

by Hogan Lovells on

The Parliament of Mongolia adopted the Amendment Law ("Amendment") to the Law of Mongolia on Labour ("Labour Law") on 21 April 2015.  The amended law has now been published in the State Gazette, bringing it into force....more

€110 million fine for Facebook by the European Commission for providing misleading information during WhatsApp merger review

by Dechert LLP on

The European Commission (“Commission”) announced on May 18, 2017, that it was fining Facebook €110 million for providing misleading or incorrect information during the review of the social network’s acquisition of WhatsApp in...more

Minimum Wage Increases Tomorrow for Most in St. Louis (eff. 5/5/17)

by Messner Reeves LLP on

On May 5, 2017, the minimum wage in St. Louis will increase to $10.00 per hour for most employees. All employers inside the geographic boundaries of the City of St. Louis must provide this notice of employee rights to all of...more

Two HIPAA Mistakes Lead to Fines from OCR

It was a busy April for the Office for Civil Rights (“OCR”) (see our prior post on a settlement from earlier in April). On April 20, OCR announced a Resolution Agreement with Center for Children’s Digestive Health, S.C....more

Beware Regulators With Sharp Teeth: Insurance for Fines and Penalties

by Sedgwick LLP on

In the not-so-distant past, offshore financial centres (OFCs) were perceived as having a very light touch when it came to taking enforcement action against regulated entities and individuals. ‘Deliberately toothless’ was how...more

FCC Provides Guidance on Inability to Pay Analysis in Enforcement Actions; Significantly Reduces Slamming/Cramming Penalty

by Kelley Drye & Warren LLP on

The Federal Communications Commission (FCC) reduced the penalty assessed against a long distance carrier by over $6 million in a Forfeiture Order issued earlier this week, after the carrier demonstrated an inability to pay...more

Every Little Helps with a DPA

by Dechert LLP on

Lord Justice Leveson approved Tesco Store Limited’s (“Tesco”) Deferred Prosecution Agreement (“DPA”) on 10 April 2017, making them the fourth company since November 2015 to enter into a DPA with the UK’s1 Serious Fraud Office...more

The Battle over Damages for Delayed Proceedings at EU General Court Continues

by Jones Day on

The controversy continues over damages for excessively lengthy proceedings at the European Union ("EU") General Court. In March 2017, both the EU and Gascogne initiated appeals before the EU's highest court in challenge of...more

The dangers of direct marketing: Seeking consent or asking for trouble?

by White & Case LLP on

The UK Information Commissioner's Office has issued fines to two businesses for unlawfully sending emails to individuals to ask about their marketing preferences. These cases emphasise the fact that "marketing" in this...more

ICO Issues Fine for Marketing Emails Disguised as Service Messages

by Hogan Lovells on

The Information Commissioner’s Office (ICO) has issued a £70,000 fine against Flybe and a £13,000 fine against Honda Motor Europe Ltd for breaching Regulation 22 of the Privacy and Electronic Communications Regulations (PECR)...more

Workers flee during MOL investigation, roofing company fined for obstructing inspector

by Dentons on

A roofing company has been fined $40,000 under the Occupational Health and Safety Act, including $15,000 for obstructing a Ministry of Labour inspector. The MOL inspector had gone to the site because of a complaint. He...more

New Administrative Penalties Against Individuals and Private Companies as Part of Mexico's Fight Against Corruption

by White & Case LLP on

On July 19, 2017, Mexico's new General Law on Administrative Accountability will take effect, imposing serious penalties on individuals and private companies that violate it, and requiring companies to adopt and implement...more

Chicago Proposes Pharma Rep Licensing Rules and Ethical Standards

by Dechert LLP on

The City of Chicago Commissioner of Public Health on Friday, March 17, published proposed Rules to implement the highly-publicized pharmaceutical representative licensing ordinance enacted in November 2016....more

This Is Not Fine: Circuit Vacates Fine Imposed on Unable-to-Pay Defendant, Citing Lack of Reasoning or Evidence for Judge’s...

In a summary order issued March 7, 2017, United States v. Marmilev, 14-4738 (Leval, Calabresi, and Carney), the Circuit vacated and remanded the portion of the defendant’s sentence imposing a $250,000 fine after the defendant...more

Are You Liable If Your Station is Hacked?

Somehow, hackers manage access to your radio station audio chain and broadcast alternate programming with indecent or profane content. What will be the FCC’s reaction? Do you notify the FCC? Originally published on Radio...more

Horizon BCBS of New Jersey Pays State $1.1 million for HIPAA violations

We often forget that state AG’s have jurisdiction under the HIPAA Omnibus Rule to levy fines and penalties against HIPAA covered entities for violations. This is because the Office for Civil Rights has traditionally taken the...more

Venezuela Aumenta La Unidad Tributaria

by Littler on

En Gaceta Oficial Extraordinaria No. 6.287, de fecha 24 de febrero de 2017, la Administración Fiscal en Venezuela publicó la Providencia N° SNAT/2017/0003 (en adelante “la Providencia”) que aumentó el valor de la Unidad...more

Venezuela Increases the Tax Unit

by Littler on

On February 24, 2017, the Venezuelan Tax Administration published Ruling N° SNAT/2017/0003 in the Official Gazette (hereinafter “the Ruling”), increasing the value of the Tax Unit (hereinafter “UT”) from 177.00 Venezuelan...more

St. Louis Minimum Wage Ordinance Valid, Missouri High Court Rules

by Jackson Lewis P.C. on

A unanimous Missouri Supreme Court has upheld St. Louis City’s local minimum wage ordinance, reversing a trial court judgment that had enjoined and invalidated the ordinance in 2015. Cooperative Home Care, Inc. v. City of St....more

SEC Fines Broker-Dealer for Inadequate Information Barriers

by Dechert LLP on

The U.S. Securities and Exchange Commission (SEC) on February 13, 2017, issued a cease and desist order (Order) and imposed a $100,000 civil penalty against broker-dealer Sidoti & Company, LLC (Broker-Dealer), to settle...more

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

by Jackson Lewis P.C. on

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more

$3.2M Fine for Failure to Protect Electronic Records

by Jackson Lewis P.C. on

The Department of Health and Human Services Office of Civil Rights (“OCR”) fined a Texas hospital $3.2 million for its impermissible disclosure of unsecured electronic protected health information (ePHI) and non-compliance...more

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Cybersecurity

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