Sanctions

News & Analysis as of

OFAC Finds "Facilitation" Violation Against Health Product Giant

The Office of Foreign Asset Control (OFAC) reminded the public Thursday of the breadth and danger of the prohibition on "facilitation" of transactions with sanctioned entities and countries and the importance of carefully...more

EU Customs Developments: December 2015

EU Customs Policy - Union Customs Code Developments – Key Provisions Published - On 29 December 2015, the Implementing and Delegated Acts for the Union Customs Code (UCC) were published in the EU’s Official Journal...more

A Compilation of Enforcement and Non-Enforcement Actions

Non-Enforcement - FINRA’s Proposed Pay-to-Play Rule Will Impact Investment Advisers - Late last year (December 24, 2015), the Financial Industry Regulatory Authority (FINRA) submitted a proposed rule to the U.S....more

SEC, NYAG Sanction Three Dark Pools

The SEC and the New York Attorney General announced settlements with Barclays Capital Inc. and Credit Suisse Securities (USA) LLC centered on the operation of dark pool trading venues. In the Matter of Barclays Capital Inc.,...more

Court Issues Sanctions for Manipulation of Email Evidence, Addresses New FRCP 37(e) (New York)

CAT3 v. Black Lineage, 2016 WL 154116 (S.D.N.Y. Jan. 12, 2016) - In this trademark infringement case, the plaintiff asserted rights to a domain name to sell its clothing products, in addition to an online website and...more

SEC Sanctions Alt Fund Asset Manager for Fee Overcharges and Misleading Investors

On January 19, 2016, the SEC settled proceedings against a Denver-based asset manager for material misstatements made in the offer and sale of units of a publicly-registered managed futures fund. The SEC found that the...more

Arkansas Federal Court to Consider Sanctioning Attorneys for Using Federal Jurisdiction as “Bargaining Chip” in Negotiating...

In Adams et al. v. United Services Automobile Ass’n et al., W.D. Ark. No. 2:14-cv-02013, Chief District Judge P.K. Holmes III of the Western District of Arkansas will soon decide whether to sanction attorneys who negotiated a...more

US Commerce and Treasury Departments Further Ease Restrictions Against Cuba

The U.S. Commerce and Treasury Departments announced on January 26, 2016, actions to ease certain restrictions on transactions involving Cuba. The new actions do not significantly expand the types of activities in which U.S....more

Government Can Fail to Preserve Too, Court Awards Sanctions (New Jersey)

United States v. Vaughn, 2015 WL 6948577 (D. N.J. Nov. 10, 2015) - In this criminal case, a pro se defendant sought to dismiss the indictment and other sanctions for the government’s failure to preserve text messages...more

"Auditors Must Beware the Consequences of Settling SEC Enforcement Actions"

The Securities and Exchange Commission (SEC) launched “Operation Broken Gate” in October 2013 to hold accountable those auditors who have intentionally or negligently violated professional auditing or accounting standards....more

OFAC Codifies Cyber-Related Sanctions Regulations But Questions Remain

On December 31, 2015, the Treasury Department’s Office of Foreign Assets Control (OFAC) issued new regulations that codify the U.S. CyberRelated Sanctions program. These regulations (31 C.F.R. Part 578) implement President...more

Relief from sanction: no relief from the Supreme Court

Since 2013 when the relevant court rules were amended, it has become significantly more difficult to obtain relief from sanction imposed for breach of a court rule, practice direction or court order. It is rare for what...more

OFAC Publishes Cyber-Related Sanctions Regulations

On December 31, OFAC issued regulations to implement Executive Order 13694 of April 1, 2015, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities.” Effective immediately, the...more

[Webinar] 2015 Year in Review – Ediscovery Case Law & Trends - January 20, 12:00pm CST

Join industry experts from Kroll Ontrack for this webinar to make sure you start the New Year off to a fresh, and educated, start when it comes to ediscovery and technology in the law. ...more

The Year in Review: 2015 FINRA Enforcement Actions

Over the past several years, the Financial Industry Regulatory Authority (“FINRA”), the self-regulatory organization responsible for regulating every brokerage firm and broker doing business with the U.S. public, brought...more

How the OFAC Stole Christmas

A spokesman for the Treasury Department’s Office of Foreign Assets Control (“OFAC”) told Export Law Blog this morning that discussions between OFAC and the North Pole over Santa Claus’s Christmas Eve itinerary had once again...more

Appellate Court Affirms Sanctions in Light of “Delay Tactics” and Spoliation (Massachusetts)

Long Bay Management Co. v. Haese, 2015 WL 7213811 (Mass. App. Ct. Nov. 17, 2015) - In this overbilling dispute, the defendants appealed a judgment pursuant to an order of default sanctions and an order assessing damages,...more

Who Was Naughty, And Who Was Nice In Employment Law This Year

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

New York State Department of Financial Services Proposes Regulations to Enhance Anti-Money Laundering and Sanctions Compliance for...

Proposed regulations impose new certification requirements that could result in personal liability for compliance officers of financial institutions. On December 1, 2015, the New York State Department of Financial...more

Congress Repeals Crude Oil Export Ban, a Legacy of 1970s Oil Embargo

Before leaving Washington, D.C. for the holidays, President Obama signed H.R. 2029 (Consolidated Appropriations Act, 2016), which repealed the ban on U.S. exports of crude oil. The repeal occurred just few days before...more

Court Finds Sanctions Inappropriate Following Plaintiff’s Failure to Establish Prejudice (Georgia)

West v. Talton, 2015 WL 6675565 (M.D. Ga. Nov. 2, 2015) - In this case, the court granted the defendants’ motion to exclude plaintiff’s use of any argument or evidence of alleged spoliation. The plaintiff discovered that...more

District Court Grants Sanctions Reducing Number of 30(b)(6) Depositions, Awarding Costs to Plaintiff and with a Warning that...

In this patent infringement action, the plaintiff filed a motion for discovery sanctions. The plaintiff argued in its motion that defendant failed to comply with the district court's October 7, 2015 oral discovery order and...more

Year in Review: Top Ediscovery Cases of 2015

As another year wraps up, we look forward to the holidays and the promise of a new year. There is no better time to remember the highlights of ediscovery case law in 2015. Duty to preserve, emphasis on proportionality and...more

2015 Amendments to the Federal Rules of Civil Procedure: What You Need to Know

The 2015 Amendments to the Federal Rules of Civil Procedure have been years in the making and will finally take effect on December 1. The amendments include changes that redefine the scope of relevant discovery and provide...more

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 6

This is the sixth in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014. Gloria James v. National Financial LLC, and Loan Till Payday LLC, C.A. No. 8931–VCL, December 5, 2014....more

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