Settlement

News & Analysis as of

FTC’s $1.2 Billion Disgorgement Settlement With Cephalon: Heightened Scrutiny of Hatch-Waxman Settlements

On May 28, 2015, the Federal Trade Commission (FTC) announced the settlement of its 2008 lawsuit against Cephalon, Inc. (now owned by Teva Pharmaceutical Industries, Ltd.), which alleged that Cephalon had made “reverse...more

Former Olympic Games Sponsor Settles With SEC for $25 Million Over FCPA Violations

On May 20, BHP Billiton Ltd. and BHP Billiton Plc (BHPB), a global resources company that sponsored the 2008 Beijing Summer Olympic Games, settled Securities and Exchange Commission charges of Foreign Corrupt Practices Act...more

BHP Billiton Resolves FCPA Charges with $25 Million Settlement

On May 20, 2015, the U.S. Securities and Exchange Commission (SEC) announced a $25 million settlement with Anglo-Australian natural resource extraction company BHP Billiton. The settlement resolves charges that the...more

Target Proposed $19 Million Data Breach Settlement Falters As Banks Push Back

Banks have stymied an out-of-court settlement reached between Target Corp. and MasterCard in the multi-district litigation over Target’s massive data breach during the 2013 holiday season. MasterCard, who has estimated that...more

Indiana Tax Amnesty Program to Start in September

In a recent client alert, we explained Indiana’s new tax amnesty program. We have now just learned that the Indiana Department of Revenue (Department) may soon be announcing that the eight-week tax amnesty program will start...more

Settlement for Late Product Defect Reporting

Black & Decker Agrees to Pay $1.6 Million Penalty - The U.S. Consumer Product Safety Commission (CPSC) and the U.S. Department of Justice recently agreed to a $1.58 million settlement from Black & Decker surrounding...more

Corporate & Financial Weekly Digest - Volume X, Issue 21

In This Issue: - Form BE-10 Filing Deadline Extended - Delaware Supreme Court Holds That Plaintiffs Must Specifically Plead Non-Exculpated Claims Against Disinterested Directors in Transaction Under Entire...more

The 1099-C Issue: Potential Tax Liability in Debt Settlement and Bankruptcy

When you owe debts that you cannot pay most will look to one of two options – debt settlement or bankruptcy. What many don’t realize is that in some circumstances there is the potential for additional tax liability even if...more

Is an Underinsured Motorist Policy Subject to the Automatic Bankruptcy Stay?

Imagine: an employee is injured in a car accident with another driver who is at fault. The employee settles with the at-fault driver for the limits of her liability policy. The employee, whose injuries exceed the at-fault...more

Court Of Chancery Awards Major Fee

This decision will be remembered for the very large fee it awarded to some very entrepreneurial lawyers who risked their all to win a big case. ...more

Locke Lord QuickStudy: Filling in Some Actavis Gaps - California Supreme Court Adopts Structured Rule of Reason Test for Antitrust...

A sweeping new opinion from the California Supreme Court revives California Cartwright Act challenges to pay-for-delay pharmaceutical patent settlements. In re Cipro Cases I & II, (Case No. S198616, Slip Op. May 7, 2015). A...more

Court Slashes “Princely Sum” Sought By Class Counsel in Wage & Hour Class Action

As we have noted in previous posts (most recently here and here), courts have been paying closer attention to the terms of FLSA settlements and occasionally refusing to approve agreements where the amount of attorneys’ fees...more

Déjà Vu: State AG Consumer Reporting Settlement Follows Landmark New York Agreement

On May 20, 2015, 31 states’ attorneys general settled with three major credit reporting agencies (CRAs) for six million dollars and commitments to make a number of changes to their business practices. With the exception of...more

Failure to Obtain Required Retailer Approval Scuttles Target-MasterCard Data Breach Settlement

Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been terminated for failure of issuers of 90% of the affected cards to accept the settlement by the...more

Watch Out! Recent Government Settlements Implicate Referring Physicians and Laboratories

$48.5 million settlement with Health Diagnostics Laboratory, Inc. and Singulex, Inc. - On April 9, 2015, the U.S. Department of Justice ("DOJ") announced a $48.5 million settlement with two cardiovascular diagnostic...more

Another multi-million dollar TCPA settlement

TCPA settlements are becoming ho-hum because they are so frequent. They are plaintiffs’ attorneys’ dream cases because of strict liability damages. All the more reason to keep your eye on the TCPA compliance ball as it...more

Additional Recent Actions Added To UDAAP Database

The CFPB has issued new enforcement actions that include allegations of unfair, deceptive, or abusive acts and practices (UDAAP) in connection with consumer financial products. We’ve updated our UDAAP Database with the most...more

Target Data Breach Settlement

On November 30, 2013, I stopped at Target to purchase a birthday gift for my friends’ one-year-old daughter. Little did I know that I would be exposed to one of the largest data breaches in retail history. Fortunately, my...more

Insurance Recovery Law - May 2015 #2

Recent Lawsuit Underscores Critical Lessons for Purchasers of Cyber Insurance - Why it matters: Columbia Casualty Company v. Cottage Health Systems was filed on May 7, 2015, in the Central District of California. Cottage...more

ERISA (3rd Circuit): Even a Voluntary Settlement Can Mean “Some Success on the Merits” When Awarding Attorney Fees?

You know that a court has discretion to award attorney fees under ERISA if a party shows “some degree of success on the merits.” But how do you define “success”? A new third circuit case reminds one of that old Milton...more

An Exercise of Business Judgment: Chancery Court Dismisses Shareholder Derivative Demand-Refused Case

Last week, Vice Chancellor Glasscock released an important decision dismissing a case under Rule 23.1 that was brought by a DuPont shareholder who alleged that the board improperly refused a demand to sue DuPont’s officers...more

Words Have Consequences: Insurer Narrowly Avoids Disclosing the Privileged Contents of Hundreds of Claim Files

It’s not news that plaintiffs’ lawyers contrive far-fetched rationales for rummaging through insurer’s records, but a recent case from South Dakota illustrates just how much discovery even flimsy arguments can...more

Whistle While You Work: SEC Announces First Retaliation Whistleblower Award

On June 16, 2014, the SEC issued its first-ever charge of whistleblower retaliation under section 922 of the Dodd-Frank Act, charging a hedge fund advisor and its owner with “engaging in prohibited principal transactions and...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Update of the AMF Doctrine on French Professional Specialized Funds - The AMF updated its Instruction n° 2012-06 specifying the rules to be followed (i) for the drafting of the prospectus of a French Professional...more

Source One Staffing to Pay $800,000 to Settle Multiple EEOC Discrimination Claims

Among Many Violations, Chicago-Area Staffing Company Assigned Temporary Employees To Clients on the Basis of Sex, Federal Agency Charged - CHICAGO - A Chicago-area staffing agency will pay $800,000 under a consent...more

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