News & Analysis as of

FCC Settles Data Breach Investigation with Cox Communications

Recently, the Enforcement Bureau of the Federal Communications Commission (FCC) entered into a settlement with Cox Communications (Cox) resolving an investigation into whether the cable operator failed to properly protect its...more

HRTO settlement did not bar employment standards and OHSA complaints relating to time period after settlement

The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the Human Rights Tribunal of Ontario, barred the employee from advancing employment standards and health and...more

Proposed Amendments Regarding Proposition 65 Settlements

This is Archer Norris attorney Peter W. McGaw’s comment letter to the Attorney General on the proposed amendments to the Title 11, Division 4 regulations regarding settlement of Proposition 65 cases. Please see full...more

Massachusetts AG Settles with Auto Lender Over Alleged “Excessive” Interest Rate Charges

On November 5, Massachusetts AG Maura Healey announced a settlement with a national auto lender to resolve allegations that the lender charged excessive interest rates on subprime auto loans. The company agreed to provide...more

Make the Most of Your Mediation – The Personal Injury Case

Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases. Yet it still...more

CFPB Obtains $13M FCRA Settlement with Employee Background Screening Providers

The CFPB recently initiated an enforcement action against General Information Services (GIS) and its affiliate,, Inc. (BGC) for allegedly violating the Fair Credit Reporting Act (FCRA) by failing to...more

Pactiv to Pay $1.7 Million to Settle EEOC Disability Discrimination Class Investigation

CHICAGO - Pactiv LLC, an Illinois-based provider of advanced packing solutions to customers around the world, will pay $1,700,000 to conciliate a disability discrimination charge filed with the U.S. Equal Employment...more

LifeLock agrees to pay FTC $116M

We previously reported that the Federal Trade Commission (FTC) had filed suit against LifeLock alleging that it had violated a previous settlement with the FTC regarding false advertising and was in contempt....more

Final Curtain Call for Tuomey: Long-Running FCA/Stark Case Settled

After 10 years of litigation, including two trials and appeals to the 4th Circuit Court of Appeals, the U.S. Department of Justice (DOJ) and Tuomey Healthcare System (Tuomey) have entered into a settlement of DOJ's action...more

Can We Still Be Friends? FDA and Pacira to Settle Lawsuit Relating to Off-Label Promotion?

Taking a page (or lyric) from Todd Rundgren’s 1978 song, “Can We Still Be Friends,” it looks like the government, namely, the Food and Drug Administration and Department of Justice, and Pacira Pharmaceuticals, are looking to...more

Eighth Circuit Vacates Relators’ FCA Settlement Recovery; Concludes that the FCA “Allows Relators to Recover a Percentage of the...

The U.S. Court of Appeals for the Eighth Circuit recently vacated an award of settlement proceeds to relators of several related qui tam actions because the district court failed to make factual findings as to whether the...more

Comcast and its Discontents

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

Supreme Court Takes On Class Actions, Again

Over recent years the United States Supreme Court has waded deep into the waters of class certification, significantly altering the playing field for class action claims. As the Supreme Court continues its 2015 session, it...more

Multiple Agencies Take Action Against Paris-Based Investment Bank for Sanctions Violations

On October 20, the DOJ, OFAC, the NYDFS, the Manhattan District Attorney’s Office, and the Federal Reserve simultaneously announced that a Paris-based investment bank would pay a total of more than $787 million to settle...more

North Carolina Court Rules Class Action Settlements Can Award Attorneys’ Fees, but Note of Caution to Local Counsel

The North Carolina Court of Appeals considered for the first time whether it is legal in a class action settlement agreement for one party to agree to pay the other’s attorneys’ fees and expenses. The court concluded that it...more

"Delaware Courts Question Long-Standing Practice of Approving Disclosure-Based Deal Litigation Settlements"

In a series of rulings issued over the last few months, the Delaware Court of Chancery has shaken up decades of well-settled authority in the area of deal litigation settlements. The Court of Chancery historically has...more

PharMerica Corporation Settles Anti-Kickback Allegations by Paying Over $9 Million to Government

On October 7, 2015, the Department of Justice announced that PharMerica Corporation (“PharMerica”), the nation’s second-largest nursing home pharmacy, agreed to pay $9.25 million to resolve allegations that it received...more

National Tire and Battery to Pay $22,500 to Settle EEOC National Origin / Religious Harassment Suit

Arab and Muslim Mechanic Was Abused, Federal Agency Charged - CHICAGO - National Tire and Battery (NTB) will pay $22,500 to a former employee to resolve a national origin and religious harassment lawsuit brought by the...more

Update from Wilson Elser’s D&O Insurance Digest

Litigation Developments and Mega Settlements - Dole Food, Inc. Derivative Action – Delaware Chancery Court Finds D&Os Engaged in Fraud - Dole Food, Inc. shareholders sued Dole Chairman and CEO David Murdock and Dole...more

CFPB Redlining Enforcement Action Reflects New Approach to Redlining Analysis

On October 1, 2015, McGuireWoods reported on the mortgage redlining settlement entered into by Hudson City Savings Bank, F.S.B. (Hudson City), the Consumer Financial Protection Bureau (CFPB), and the Department of Justice...more

Undefined Cooperation is Basis For SEC Settlement

The Commission accepted a settlement offer from one of three Respondents in an offering fraud action. It was based in part on cooperation and an undertaking to appear and testify for the staff in the future. In resolving the...more

Do I Need to Pay Taxes on My Accident Settlement?

If you were injured in an auto accident, bike accident, or other type of personal injury accident, you have the legal right to recover financial damages for your related medical expenses, lost wages, emotional pain and...more

Court of Appeal Shines Light on Collusive Settlement Agreements

In Diamond v. Reshko, (filed 8/20/2015, No. A139251) the California Court of Appeal, First District, held that a defendant was entitled to introduce evidence at trial reflecting amounts paid by co-defendants in settlement of...more

Gomez Is Not The Slam-Dunk You Think It Is

It’s rapidly becoming conventional wisdom that Campbell-Ewald Co. v. Gomez (argued yesterday) is going to be a win for the plaintiffs. Respected academics like Robert Klonoff have stated it, and respected reporters like...more

3 Strategies for Dealing with Low Dollar Debt Collection Lawsuits

Over the past year I have seen junk debt buyers like Midland Funding and Portfolio Recovery Associates file debt collection lawsuits on account where the amount is relatively small – some for amounts less than $1,000. I have...more

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