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Mitigating Factors

Cozen O'Connor

Notice of Appeal - Summer 2024

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A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays,...more

Fox Rothschild LLP

USDOL Changes Assessment Procedures For Civil Money Penalties: More Revenue Generation For The Government Or Punishment Of...

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The use of Civil Money Penalties (CMPs) is a major tool in the US Department of Labor (USDOL) arsenal to bring employers into compliance, or to punish them, depending on one’s viewpoint. The USDOL has now ramped up the...more

Fox Rothschild LLP

Recusal at Issue

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In State v. Richardson, 272A14, filed 1 September 2023, the Supreme Court of North Carolina reviewed the conviction and sentencing of the defendant. The evidence indicated the gruesome and protracted abuse of a child that...more

Payne & Fears

Modifications to California Regulations Governing Employer Consideration of An Applicant’s Criminal History Approved

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The California Office of Administrative Law recently approved the Civil Rights Council’s amendments to regulations in the Fair Employment and Housing Act (“FEHA”) that govern employer inquiries into and consideration of a job...more

StoneTurn

Mitigating Risk in Financial Services: 5 Questions to Ask

StoneTurn on

Turbulence in the financial services sector is proving to have a significant impact on the global financial ecosystem. For organizations large and small, now is the time to reflect on key questions to solidify risk management...more

King & Spalding

Treasury Publishes First-Ever CFIUS Enforcement and Penalty Guidance

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Publication indicates a more robust enforcement posture - On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more

Zuckerman Spaeder LLP

Should Every Maryland Lawyer Who Commits A Dishonest Act Be Disbarred?

Zuckerman Spaeder LLP on

Maryland is harsh on lawyers who commit dishonest acts. Since Attorney Grievance Commission v. Vanderlinde, 773 A.2d 463 (Md. 2001), the Court of Appeals has stated many times that the presumptive sanction for dishonest acts...more

Jackson Lewis P.C.

Class Action Trends Report Fall 2020

Jackson Lewis P.C. on

As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more

Perkins Coie

CFTC Division of Enforcement Publishes Guidance on Civil Monetary Penalty Determinations

Perkins Coie on

The CFTC Division of Enforcement (Division) of the U.S. Commodity Futures Trading Commission (CFTC) issued new guidance (Guidance) on May 20, 2020, that reflects the considerations of the Division when recommending civil...more

Buchalter

Buchalter COVID-19 Client Alert: Mitigating Exposure to Employee COVID-19 Illness Claims

Buchalter on

As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is...more

Skadden, Arps, Slate, Meagher & Flom LLP

CFTC Division of Enforcement Publishes New Civil Monetary Penalty Guidance

In a memorandum dated May 20, 2020, the Commodity Futures Trading Commission’s (CFTC) Division of Enforcement issued guidance outlining factors that CFTC staff will consider when recommending civil monetary penalties (CMPs)...more

White & Case LLP

Corporate-led internal investigations become a prerequisite to enter into a French DPA

White & Case LLP on

France is aligning itself with the US model of corporate prosecution - The new guidelines released by both the French Anticorruption Agency ("AFA") and the National Financial Prosecution Office ("PNF") on 27 June, 2019...more

Bass, Berry & Sims PLC

U.S. Dental Supply Company Penalized for Violating Iran Sanctions

Bass, Berry & Sims PLC on

•Many medical products can be exported to Iran – so long as a license is obtained •Imposition of successor liability underscores importance of pre-transaction due diligence •OFAC enforcement, as in the past, continues...more

King & Spalding

Tokyo Dispute Resolution and Crisis Management Newsletter - July 2016

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FCPA Best Practices - The Risks Posed by Third Parties and the Importance of Third-Party Audits - Introduction - Since 2010, the United States government has extracted just shy of $5 billion in corporate...more

Perkins Coie

Presidential Memorandum on Natural Resources Mitigation Policy: Avoid, Minimize and Compensate

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President Barack Obama recently ordered the heads of five federal agencies (U.S. Department of Defense, U.S. Department of Interior, U.S. Department of Agriculture, U.S. Environmental Protection Agency and National Oceanic...more

McDermott Will & Emery

Italy’s Competition Chair and Minister of Justice Confirm That ad hoc Compliance Programs Will Continue to be Considered as a...

McDermott Will & Emery on

On 24 October 2013, Chair of the Italian Competition Authority, Giovanni Pitruzzella, and Italy’s Minister of Justice, Anna Maria Cancellieri, spoke in favour of effective ad hoc antitrust compliance programs and their value...more

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