News & Analysis as of September 21, 2024

Statute of Limitations › Penalties

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Mandatory Reporting: Essential Insights for Child-Centric Organizations

Guidepost Solutions LLC on 7/16/2024

For institutions and organizations entrusted with the care of children, such as schools, daycares, hospitals, faith-based communities, camps and sports teams, the responsibility to safeguard their well-being is vital....more

[Webinar] Redefining Agency Power: The Impact of the Supreme Court’s Decisions in Jarkesy, Loper Bright, and Corner Post - July...

Vinson & Elkins LLP on 7/10/2024

Join attorneys in our appellate, energy regulatory, environmental, tax, securities, and employment practices who will explore how these landmark rulings affect administrative law and practice and what comes next....more

California Governor Signs PAGA Reform Legislation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/5/2024

On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers...more

PAGA 2.0 – What Employers Need to Know As PAGA Reform Becomes Law

Proskauer - California Employment Law on 7/2/2024

On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more

California Enacts PAGA Reform; November Repeal Initiative To Come Off Ballot

Davis Wright Tremaine LLP on 7/1/2024

California Governor Gavin Newsom announced last week that an agreement to reform the Private Attorneys General Act of 2004 (PAGA) had been reached by legislative leadership, labor organizations, and business groups. Prompted...more

Proposed Amended PAGA Statute Would Bring Some Relief to Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/26/2024

The California Legislature recently introduced two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA)....more

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

Otten Johnson Robinson Neff + Ragonetti PC on 4/10/2024

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

Pierce Atwood LLP on 8/23/2023

On August 18, 2023, the United States Court of Appeals for the Ninth Circuit upheld a district court order adopting the Federal Energy Regulatory Commission’s (FERC) interpretation of the statute of limitations applicable to...more

CFPB Proposes Order in Massive Action Against Debt Collection Company

Shipkevich PLLC on 3/29/2023

On March 23, 2023, the Consumer Financial Protection Bureau (CFPB) has taken action against one of the largest debt collectors in the United States, Portfolio Recovery Associates (PRA), for various violations of law,...more

Hot Topics in International Trade - February 2023 - Should You File a Prior Disclosure in 2023?

Braumiller Law Group, PLLC on 2/6/2023

2023 is more than a brand-new year – it is an opportunity for your company to prioritize supply chain and customs compliance. For some companies, this means filing a prior disclosure with U.S. Customs and Border Protection...more

DOJ Expands Cryptocurrency Enforcement with Formation of Prosecutors Network

Dechert LLP on 9/22/2022

In response to President Biden’s March 9, 2022 Executive Order on digital assets, the DOJ announced the formation of a new network of prosecutors tasked with becoming specialists in investigating and prosecuting alleged...more

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on 8/1/2022

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

City of Chicago Expands Protections for Victims of Sexual Harassment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/25/2022

On July 1, 2022, amendments to Chicago’s Human Rights Ordinance will go into effect. In April 2022, Chicago Mayor Lori E. Lightfoot and the Commission on Human Relations amended the Chicago Human Rights Ordinance, adding...more

California Court of Appeal Applies ‘Relation Back’ Doctrine to Substitute PAGA Plaintiff’s Claims Deadline

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/17/2022

On February 7, 2022, a California appellate court issued the latest decision regarding the Private Attorneys General Act (PAGA). Representative PAGA actions, which typically involve a relatively brief statute of limitations,...more

Second Circuit Affirms Judgment Against S.E.C. Broker, Holds that Statute of Limitations for S.E.C. Actions is Not Jurisdictional

Patterson Belknap Webb & Tyler LLP on 7/26/2021

In Securities and Exchange Commission v. Fowler, the Second Circuit (Lohier, Nardini, and Cronan, sitting by designation) affirmed the imposition of civil penalties and disgorgement against a financial broker. In so doing,...more

Four Things You Need to Know About the Extended Limitations Period for SEC Disgorgement

Winstead PC on 1/7/2021

The Securities and Exchange Commission’s disgorgement powers have made legal headlines a couple of times over the last few years – most notably, with the U.S. Supreme Court’s decisions in Kokesh v. SEC, 137 S. Ct. 1635 (2017)...more

FCC to Stop Warning Illegal Robocallers Before Issuing Penalties

Goodwin on 5/15/2020

To enhance consumer protections against illegal robocalls, on May 1, 2020, the Federal Communications Commission (FCC) issued an Order (Order) amending 47 CFR § 1.80 (Section 1.80) of its Telephone Consumer Protection Act...more

SEC Disgorgement: Looking to the Future

Faegre Drinker Biddle & Reath LLP on 3/21/2020

On March 3, 2020, the Supreme Court heard arguments in the case of Liu v. SEC, No. 18-1501. This article summarizes what transpired at the hearing, in which the arguments centered on a challenge to the ability of the U.S....more

Supreme Court Considers SEC's Authority to Seek Disgorgement in Judicial Proceedings

Holland & Knight LLP on 3/13/2020

The U.S. Supreme Court heard arguments in Liu v. SEC, a case in which the petitioner challenged the U.S. Securities and Exchange Commission's (SEC) statutory authority to pursue the remedy of disgorgement in federal court....more

SEC Disgorgement: Who Gets the Money?

Dorsey & Whitney LLP on 3/12/2020

Liu v. SEC, No. 18-15-1, argued before the Court last week, is potentially one of the most important cases to be heard by the Supreme Court on SEC Enforcement. The question under consideration is whether the Securities and...more

United States Supreme Court Hears Oral Arguments In Liu v. SEC to Determine Whether the SEC Can Seek Disgorgement in Judicial...

A&O Shearman on 3/12/2020

On March 3, 2020, the Supreme Court heard oral arguments in Liu v. SEC, No. 18-1501, once again taking up the question of whether the Securities and Exchange Commission (“SEC”) may seek disgorgement as equitable relief in a...more

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Statute of Limitations › Penalties

Mandatory Reporting: Essential Insights for Child-Centric Organizations

[Webinar] Redefining Agency Power: The Impact of the Supreme Court’s Decisions in Jarkesy, Loper Bright, and Corner Post - July...

California Governor Signs PAGA Reform Legislation

PAGA 2.0 – What Employers Need to Know As PAGA Reform Becomes Law

California Enacts PAGA Reform; November Repeal Initiative To Come Off Ballot

Proposed Amended PAGA Statute Would Bring Some Relief to Employers

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

Ninth Circuit Upholds FERC’s Interpretation of Statute of Limitations to Enforce Civil Penalties

CFPB Proposes Order in Massive Action Against Debt Collection Company

Hot Topics in International Trade - February 2023 - Should You File a Prior Disclosure in 2023?

DOJ Expands Cryptocurrency Enforcement with Formation of Prosecutors Network

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

City of Chicago Expands Protections for Victims of Sexual Harassment

California Court of Appeal Applies ‘Relation Back’ Doctrine to Substitute PAGA Plaintiff’s Claims Deadline

Second Circuit Affirms Judgment Against S.E.C. Broker, Holds that Statute of Limitations for S.E.C. Actions is Not Jurisdictional

Four Things You Need to Know About the Extended Limitations Period for SEC Disgorgement

FCC to Stop Warning Illegal Robocallers Before Issuing Penalties

SEC Disgorgement: Looking to the Future

Supreme Court Considers SEC's Authority to Seek Disgorgement in Judicial Proceedings

SEC Disgorgement: Who Gets the Money?

United States Supreme Court Hears Oral Arguments In Liu v. SEC to Determine Whether the SEC Can Seek Disgorgement in Judicial...

SCOTUS Oral Argument Suggests SEC Disgorgement Will Survive—But Might Be Limited To Victim Compensation

Supreme Court Appears Unlikely to Further Curtail SEC Disgorgement Authority

Oral Argument Suggests Disgorgement May Survive Supreme Court Review in Liu v. SEC

Supreme Court Seems Poised to Limit But Not Eliminate SEC Disgorgement in Judicial Proceedings

Statute of Limitations › Penalties

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