Policy Violations

News & Analysis as of

Reporting a Future Violation of Law Is Not Protected by Michigan's Whistleblower Protection Act

In Pace v. Edel-Harrelson, No. 151374 (Mich. S. Ct. Feb. 1, 2016), the Michigan Supreme Court held that Michigan’s Whistleblower Protection Act (WPA) does not provide recourse to an employee who reports another’s intent to...more

Cessna Aircraft Company to Pay over $160,000 In EEOC Disability Discrimination Suit

Aircraft Manufacturer Required Conditional Employees With Physical Impairments to Satisfy Workers' Compensation Standards, Agency Charged - MILWAUKEE - Cessna Aircraft Company will pay $167,500 and furnish other relief...more

SEC Enters Into First Deferred Prosecution Agreement with an Individual for FCPA Violation

The SEC has entered into its first deferred prosecution agreement with an individual in an FCPA case. One interesting fact is it’s hard to figure out what this person allegedly did that was wrong. The FCPA Professor notes the...more

Court Holds Inadequate Veterinary Care, Sanitation, and Lack of Environmental Enrichment Constitute a Taking Under the Endangered...

On February 11, 2016, in Kuehl v. Cricket Hollow Zoo, Case No. C14-2034, the United States District Court for the Northern District of Iowa ruled that the owners and operators of the Cricket Hollow Zoo, located in rural...more

Illinois Supreme Court Narrows Misconduct Disqualification for Unemployment Benefits

The Illinois Unemployment Insurance Act (Act) provides that employees who are discharged for "misconduct" are ineligible for unemployment benefits. In Petrovic v. Department of Employment Security, 2016 IL 118562, decided...more

D.C. Appeals Court: Coast Guard May Impose Non-Financial Conditions for Departure Clearance in “Magic Pipe” Case

In Watervale Marine Co. v. U.S. Dep’t of Homeland Sec., the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court ruling allowing the Secretary of the Department of Homeland Security –...more

"Insights Conversations: Developments in US Export Controls"

The U.S. export control system has undergone major reform in recent years, and companies have experienced both increased enforcement of export control laws and fines for violations, with more changes on the way. Skadden...more

PAC Finds FOIA Predecisional Exemption Does Not Apply to Training Materials on Final Policy

Recently, the Attorney General issued a binding opinion finding that the Governor’s Office of Management and Budget (GOMB) violated the Freedom of Information Act (FOIA) by withholding a PowerPoint presentation used as...more

DOJ to Increase and Strengthen Criminal Worker Safety Prosecutions

With the new year comes a new focus on increasing criminal prosecutions against employers for worker safety violations. In the end of December, the Department of Justice (“DOJ”) and the Department of Labor (“DOL”) announced...more

ProPublica releases HIPAA Helper

A damning series of reports by ProPublica has revealed that based upon its analysis of federal data, “hundreds of health providers nationwide” have repeatedly violated HIPAA between 2011 and 2014. According to the...more

California Court Of Appeal Holds Gentry Is Still Good Law Where FAA Does Not Apply

A California appellate court recently held in Garrido v. Air Liquide Industrial U.S. L.P that the rule set forth in Gentry v. Superior Court, 42 Cal.4th 443 (2007) remains valid so long as the Federal Arbitration Act (“FAA”)...more

Pharmacy settles TCPA class action for $15 million for unsolicited fax ads

PharMerica settled a Telephone Consumer Protection Act (TCPA) class action initiated by a group of nursing homes over allegations that the pharmacy inundated the nursing homes with unsolicited fax advertisements in violation...more

Deutsche Bank and Sanctions Violations: More to Come

Deutsche Bank agreed to pay $258 million and fire six employees to resolve a New York and Federal Reserve investigation for sanctions violations from 1999 to 2006. The settlement is big news but ignores three key players who...more

CFPB Reports Continued Mortgage Servicing and Other Violations of Consumer Financial Law

In its Supervisory Highlights released earlier this summer, the CFPB reported its examination observations in consumer reporting, debt collection, mortgage origination and servicing, fair lending, and student loan servicing....more

CFTC Announces to Issue Award of Approximately $290,000 to Whistleblowers

On September 29, the U.S. Commodity Futures Trading Commission announced that it would issue an award of approximately $290,000 to whistleblowers for providing valuable information about violations of the Commodity Exchange...more

The Chill is Gone: SEC Wants Unfettered Whistleblowers

The SEC continues its efforts to support whistleblowers. The whistleblower program promulgated by the Commission under the Dodd-Frank Act offers rewards to individuals who report securities law violations. As we have...more

SEC’s Hitachi Enforcement Action and Important Compliance Reminders

The SEC continues to plug away at aggressive FCPA enforcement. This year, at least so far, the SEC has had a very successful year. The Hitachi case is a very interesting enforcement action for several major reasons. ...more

SEC Issues Second Round of Municipal Disclosure Settlements

On September 30, the SEC issued its second round of mass settled actions over municipal securities disclosure issues, as part of its Municipal Continuing Disclosure Cooperation (“MCDC”) Initiative. In this round, 22 municipal...more

When a Violation of a Rule or Regulation Becomes an FCA Violation: Understanding the Distinction Between Conditions of Payment and...

If you read one thing… - The False Claims Act’s (FCA) language, structure, court precedent and purpose limit its application to only regulatory breaches that are conditions of payment and not conditions of...more

SEC Charges Investment Adviser with Cybersecurity Violations

The SEC recently commenced a settled enforcement action against an investment adviser, R.T. Jones Capital Equities Management, Inc., for cybersecurity matters. Press reports indicate this is the first such case of its kind. ...more

Checking In on Sanctions Enforcement

The Department of Treasury’s Office of Foreign Asset Control continues to ramp up sanctions enforcement. Even with the likely relaxation of the Iran and Cuba sanctions, OFAC has been continuing its aggressive enforcement...more

Swag: What Can Your Hotel Restaurant Accept for Free?

A distributor is knocking on your hotel restaurant’s door, offering key chains from a hot new distillery for your customers. A brewery just dropped off coasters for use in the restaurant’s bar. And a winery offered cork...more

New York-Based Marine Insurer Settles Potential U.S. Sanctions Violations

As if to provide a not-too-subtle reminder to insurers of the applicability of U.S. trade sanctions to their businesses, the Treasury Department’s Office of Foreign Asset Control (OFAC) announced on August 6, that a New...more

Cinderella May Not Turn Into a Pumpkin After All: The Proposed Relaxation of the Two-Midnight Rule

On July 8, 2015, the Centers for Medicare and Medicaid Services (“CMS”) released a Proposed Rule regarding the 2016 Hospital Outpatient Prospective Payment System (“OPPS”). The Proposed Rule, in addition to proposing updates...more

PAC Rules on Two OMA Cases

The Illinois Attorney General’s Public Access Counselor (PAC) issued two non-binding opinions in July related to the Open Meetings Act (OMA). In one opinion, the PAC found that a school district did not violate the OMA when...more

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