News & Analysis as of

DOJ Seeks $5 Million Lobbying Disclosure Act Penalty

The U.S. Attorney's Office for the District of Columbia recently filed a civil complaint against a lobbyist and a lobbying firm alleging violations of the Lobbying Disclosure Act (LDA) that could result in a fine of over $5...more

December 2013: Japanese Litigation Update

Japanese Government Tightens Insider Trading Regulations. On June 12, 2013, the Japanese Diet passed an amendment to the Japanese Financial Instruments and Exchange Act, including enhancements of many insider trading...more

New Tax Law—Think Twice Before Agreeing Not to Contest UI Claim

Under amendments to the Unemployment Insurance Integrity Act of 2011 that took effect in late October, employers must now timely and adequately respond to a state unemployment agency’s information request about an employee’s...more

Lloyds Banking Group Face £28 Million Fine in Relation to Sales Incentive Controls

On December 11, the FCA published a final notice to Lloyds Banking Group in which it was fined a record GBP £28 million. The fine was imposed for “serious failings” in its sales practices, the largest UK regulatory penalty...more

Legal Alert: EPA Issues Notice of Violation Alleging e-Biofuels, LLC Generated 33.5 Million Invalid RINs; EPA Plans to Seek Fines...

Today, December 18, 2013, the U.S. Environmental Protection Agency (EPA) issued a Notice of Violation (NOV) of the Clean Air Act’s Renewable Fuel Standard (RFS) to e-Biofuels, LLC and its parent company Imperial Petroleum,...more

The Sky Is The Limit: Escalating Fines, DPA/NPAs And Deterrence

The controversy around punishment and deterrence of corporate misconduct continues to swirl. As fines increase against companies, it is important to ask the question whether the current enforcement scheme adequately punishes...more

What A Long Strange Trip It’s Been – The Bilfinger FCPA Settlement

Earlier this week the Department of Justice (DOJ) announced it had resolved an ongoing Foreign Corrupt Practices Act (FCPA) with German entity Bilfinger SE (Bilfinger). This case involved the same background facts and events...more

Multinational Oil Services Company Resolves FCPA, Sanctions, And Export Control Matter

On November 26, the DOJ announced that Weatherford International—a multinational oil services company—and certain of its subsidiaries agreed to pay approximately $250 million in fines and penalties to resolve FCPA, sanctions,...more

U.S. Senators Debate Toughening Cartel Penalties

On November 14, 2013, members of the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights heard arguments regarding the effectiveness of current cartel prosecution and...more

VLT penalties’ saga: over only for someone…

We previously reported that Italian videolottery operators had been offered with the option to settle the massive fines issued against them through the payment of 20% of their value. The term for the payment expired and it...more

Giving Teeth To The General Court’s Unlimited Jurisdiction To Review Competition Law Fines: Advocate General Wathelet’s Opinion In...

The level of fines imposed by the European Commission in competition cases has attracted controversy for more than ten years. The often deferential approach of the European courts to hearing appeals has also been criticised,...more

Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?

Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more

JPMorgan Chase to Pay Penalties for Oversight Deficiencies

On September 19, JPMorgan Chase entered into a consent Order of Assessment of a Civil Money Penalty with the Fed, the OCC, the SEC and the Financial Conduct Authority of the United Kingdom. The penalties issued by the...more

DOL Issues Marketplace Notice Guidance But Will Not Subject Employers To Fines or Penalties If They Fail To Issue The Required...

The Patient Protection and Affordable Care Act (PPACA) amended the Fair Labor Standards Act (FLSA) to require employers to provide a notice to employees informing them of the public health insurance marketplaces (aka...more

Recent Developments Regarding French Online Piracy Law

If French Internet users have been caught unlawfully sharing and/or downloading copyrighted works on the internet, they will no longer be subject to disconnection/suspension of their Internet access. On July 9, 2013 a French...more

What Is ‘Acceptance Of Responsibility’ Under The US Sentencing Guidelines?

One of the things that I am often asked is how are fines and penalties calculated for Foreign Corrupt Practices Act (FCPA) violations? ...more

NERC Fines Generator for Violations Related to Lead Line Operations

Filing reminds generators with significant high-voltage tie lines that they can be subject to Reliability Standards typically applied to transmission owners and transmission operators. ...more

OCAHO Reduces I-9 Fine from $80,000 To $30,000

In U.S. v A&J Kyoto Japanese Restaurants, Inc., the Office of the Chief Administrative Hearing Officer (OCAHO) lowered penalties as they should be “sufficiently meaningful to accomplish the purpose of deterring future...more

The Costs of Data Breach

Scott & Scott, LLP attorney, Brian Von Hatten, suggests organizations should take necessary and required measures to safeguard consumer's personally identifiable information (PII) because of the significant risks and...more

Litigation: To the tune of $3 billion, whistleblower claims are on the rise - The 2010 Dodd-Frank Act is the likely impetus for...

At one time whistleblowers were relatively rare and isolated, and the law did not grant them much protection. But that’s not the case anymore. Fulbright & Jaworski's recent litigation trends survey of in-house counsel found...more

Irving Picard Loses Civil RICO Charges Against Medici Enterprise

The Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, provides the government with authority to prosecute for acts performed as part of an ongoing criminal organization and permits a civil cause of...more

‘You Scratch My Back’ Leads To A Fine And Penalty

The above lyrics are the closing stanza to the song “Ghost Riders in the Sky”. I thought about the advice for the cowboy to change his ways to save his soul from Hell when I read in both the Financial Times (FT) and the Wall...more

Too Much Wiggle Room In Wigglesworth? Advisor Penalties Under Income Tax Act Not Criminal Offences In Nature And Don’t Engage...

On June 12, 2013, the Federal Court of Appeal released its decision in Canada v. Guindon (2013 FCA 153)....more

CFPB uses enforcement powers in attempt to shut down debt relief company in Florida

This past Thursday, the CFPB announced that it filed a complaint against a Florida debt-relief company that misled consumers across the country. Following an investigation into American Debt Settlement Solutions, Inc. (ADSS)...more

OCAHO reduces I-9 fine from $82,280 to $15,800

In USA v. Siwan & Sons, Inc. (May 3, 2013) the Office of the Chief Administrative Hearing Officer (“OCAHO”) decided to reduces fines imposed by the Immigration and Customs Enforcement (“ICE”) agency on a rather small employer...more

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