News & Analysis as of

Policy Violations

Compliance into the Weeds-Episode 40, COSO ERM Framework Update

by Thomas Fox on

In this episode Matt Kelly and I take a deep dive into the revisions to the COSO ERM Framework, which were based on comments by practitioners. We consider the role of culture and risk, the integration of the COSO ERM...more

Mental Health, Baker Act, and Firearms: What's an Agency to Do?

by Rumberger Kirk & Caldwell on

Florida’s law enforcement agencies are frequently presented with calls for service involving individuals threatening others or themselves. When qualifying conditions are met, officers may involuntarily commit those who pose a...more

Companies Face New Process in Disclosures of Potential Export Violations

by Polsinelli on

Companies opting to file voluntary disclosures of potential export violations with the State Department’s Directorate of Defense Trade Controls (DDTC) will soon be required to utilize a new process for submitting their...more

NERC Increasing Penalties for Fundamentally Failing to Comply with Cyber Standards

by Cozen O'Connor on

For the second time in less than a year, the North American Electric Reliability Corporation (NERC) has imposed a six-figure penalty on a participant in the electric market for fundamentally failing to comply with the NERC...more

NRC Announces Updates to Enforcement Policy

by Morgan Lewis on

The updates involve a change in the way the NRC implements its enforcement mandate. The US Nuclear Regulatory Commission (NRC) announced on November 7 a number of changes to the NRC Enforcement Policy (Policy). This...more

$18 Million Fine Levied for Campaign Finance Violation in Washington State

by Perkins Coie on

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations

It’s time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking. Attorney General Kamala D. Harris has announced the release of a new tool for...more

California Attorney General 'Crowdsources' Reporting of Privacy Policy Violations

by Pepper Hamilton LLP on

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers....more

Delaware Court of Chancery Dismisses Post-Closing Disclosure Claims for Damages, Cautioning That Such Claims Are Best Pursued...

In Nguyen v. Barrett, C.A. No. 11511-VCG, 2016 WL 5404095 (Del. Ch. Sept. 28, 2016) (Glasscock, V.C.), the Delaware Court of Chancery dismissed an amended complaint seeking damages for alleged disclosure violations in...more

CFTC Issues Fourth Penalty for Inaccurate Large Trader Reporting of Swaps

On September 27, 2016, the U.S. Commodity Futures Trading Commission (“CFTC” or the “Commission”) issued a fourth penalty for violations of its Swaps Large Trader Reporting (“Swaps LTR”) rule. This time, the penalty was...more

WTO Panel Report: Russia - Tariff Treatment

by White & Case LLP on

A WTO Panel has ruled that the Russian Federation has violated its WTO obligations by imposing duties on certain EU goods in excess of its committed ("bound") rates, in breach of Article II of the General Agreement on Tariffs...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

by Littler on

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

California Federal Court: Is Leasing to a Church Religious Exercise?

The Scinto Foundation (Foundation) supports religious organizations “by having activities which are similar to [religious activities] and/or by giving them money, or donating services ….” The Foundation sued the City of...more

Immigration Penalties Increase Effective August 1, 2016

by FordHarrison on

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more

Federal Contractors: Be Aware of Potential for Increased Penalties Under FCA

by Pepper Hamilton LLP on

As we see an uptick in federal government contract awards before the end of the government fiscal year on September 30, 2016, companies doing business with the federal government should take note of two recent developments...more

Department of Labor Increases Penalties for Certain ERISA Violations

by Holland & Knight LLP on

The U.S. Department of Labor (DOL) published on July 1, 2016, an interim final rule adjusting the civil monetary penalties that it can enforce. These adjustments are the result of the Federal Civil Penalties Inflation...more

Inflation Matters: EPA Civil Penalty Authority Receives a Dramatic Boost

by Ballard Spahr LLP on

A little-publicized section of the federal Bipartisan Budget Act of 2015 has led to the U.S. Environmental Protection Agency (EPA) promulgating new interim regulations that increase by unprecedented amounts the civil...more

New Regulations Increase Fines for Immigration-Related Violations

by Cozen O'Connor on

Recently, the U.S. Department of Justice (DOJ) issued an interim final rule that will increase fines on U.S. employers for violations of federal immigration law. The rule has the potential to substantially increase penalties...more

Federal Environmental Civil Penalties Set to Increase Dramatically

by Burr & Forman on

EPA is increasing civil penalties for all statutes it administers that call for the assessment of civil penalties. These increases are not recommendations or proposed statutory amendments, but are the result of perhaps the...more

NLRB General Counsel Issues Memorandum Instructing Regional Offices To Report Complaints Issued against Federal Contractors

by Ballard Spahr LLP on

Earlier this month, the National Labor Relations Board (NLRB) General Counsel instructed the agency's regional offices to report any complaints they issue against federal contractors to labor compliance officers. These...more

FERC Increases Maximum Civil Monetary Penalties for Power, Gas and Oil Companies

On June 29, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued an interim final rule amending the civil monetary penalties within its jurisdiction to adjust for inflation. FERC adjusted its penalties...more

FERC Order 826 increases penalty power

by PretiFlaherty on

Acting under a 2015 law, the Federal Energy Regulatory Commission has released an interim final rule increasing the maximum civil monetary penalties that it can assess for violations of statutes, rules, and orders within the...more

FERC Increases Maximum Civil Penalty Amounts To Adjust For Inflation

by Pierce Atwood LLP on

On June 29, 2016, the Federal Energy Regulatory Commission ("FERC") issued Order No. 826, increasing the maximum civil penalty amount for violations of statutes, rules, and regulations within FERC’s jurisdiction, in order to...more

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

by Pepper Hamilton LLP on

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

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Cybersecurity

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