News & Analysis as of

Civil Monetary Penalty

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hazen Solid Waste Landfill...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Waste Corporation of Arkansas, LLC (“WC”) entered into a September 11th Consent Administrative Order (“CAO”) addressing an...more

Farella Braun + Martel LLP

The First U.S. EPR Law Specific to Textiles Signed into Law in California

On September 28, Governor Gavin Newsom signed California SB 707 (the Responsible Textile Recovery Act of 2024), which is the first extended producer responsibility (EPR) law in the U.S. that is specific to textiles....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Harmful Products/Section 230 of the Communications Decency Act: U.S. District Judge Dismisses U.S. Department of Justice...

WebProNews reported in an October 1st article that United States District Judge Orelia E. Merchant dismissed a United States Department of Justice (“DOJ”) environmental enforcement action that had been filed against eBay,...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

Hinch Newman LLP on

As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

Latham & Watkins LLP

New Civil Monetary Penalty Regime for UK Trade Sanctions

Latham & Watkins LLP on

The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 empower OTSI to enforce UK trade sanctions through civil monetary penalties, building on the role of OFSI, which has enforced UK financial...more

Fenwick & West LLP

SEC Charges Biotech Co. with Misleading IPO Investors

Fenwick & West LLP on

On September 13, the SEC charged Zymergen Inc., a biotechnology company, with misleading IPO investors about the company’s market potential and sales prospects....more

Miller Canfield

The FBAR penalty [is] [is not] a fine. Choose one.

Miller Canfield on

Conflicting Decisions: In August, the U.S. Court of Appeals for the Eleventh Circuit held in United States v. Schwarzbaum that a monetary civil penalty imposed for willfully failing to file a foreign bank account report...more

Mintz

The New Private Equity Post-Acquisition Paradigm

Mintz on

With private equity deals under harsh scrutiny from the Department of Justice, it is critical that sponsors follow appropriately structured pre and post-acquisition best practices to avoid enforcement exposure and best...more

Davis Wright Tremaine LLP

Broker-Dealer Disciplinary Actions: Takeaways From 2024 (So Far)

The U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and the Exchanges were active across a host of regulatory issues impacting fintech companies and broker-dealers during...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: Mississippi Commission on Environmental Quality and Natchez Construction Project Owner Enter into Agreed...

The Mississippi Commission on Environmental Quality (“Commission”) and Complete Oil Field Disposal, LLC. (“COD”) entered into an August 27th Agreed Order (“AO”) addressing failure to obtain a Stormwater Construction Permit....more

Nelson Mullins Riley & Scarborough LLP

And T-Mobile Makes Three: More Information Security Guidance for Telecommunications Carriers from the FCC

Close on the heels of its Consent Decrees with TracFone and AT&T, on September 27, 2024, the Enforcement Bureau of the Federal Communications Commission (FCC) announced that it reached a Consent Decree with T-Mobile US, Inc....more

WilmerHale

FTC Penalizes Cloud-Based Physical Security Company for Data Security and CAN-SPAM Violations

WilmerHale on

On August 30, the Federal Trade Commission (FTC) entered into a proposed settlement order with cloud-based physical security solutions provider, Verkada Inc. (“Verkada”), settling allegations of data security violations and...more

Fenwick & West LLP

SEC Charges Coffee Pod Co. Over Recyclability Claims

Fenwick & West LLP on

On September 10, the SEC charged Keurig with making inaccurate statements regarding the recyclability of K-Cups. According to the SEC’s order, in annual reports for fiscal years 2019 and 2020, Keurig stated that its...more

Conn Maciel Carey LLP

CAL/OSHA Solicits Comments On Draft Amendments Adding Enterprise-Wide And Egregious Violations

Conn Maciel Carey LLP on

Back in 2021, Governor Newsom signed Senate Bill 606 into law. We noted in our blog post that the law would “broadly expand[] Cal/OSHA’s enforcement authority and the penalty amounts employers may be assessed.” Cal/OSHA has...more

Proskauer - Minding Your Business

Taylor Swift and Congress Have “Bad Blood” with AI Deepfakes

On September 10, minutes after the first presidential debate between Donald Trump and Vice President Kamala Harris, an Instagram post set the political world abuzz: Taylor Swift endorsed Harris in the race. The announcement...more

Foley Hoag LLP - Public Companies & the Law

SEC Announces $3.8 Million in Penalties in Continued Enforcement Sweep of Late Beneficial Ownership and Insider Transaction...

Following its previously announced enforcement sweep in September 2023, the Securities and Exchange Commission (SEC) announced on September 25, 2024, that it had settled charges against 23 entities and individuals for failing...more

Jenner & Block

2024 CFIUS Developments: Implications for Japanese Investors in the United States

Jenner & Block on

In April, the Committee on Foreign Investment in the United States (CFIUS) issued a Notice of Proposed Rulemaking (NPRM) to “enhance certain CFIUS procedures and sharpen its penalty and enforcement authorities.” If CFIUS...more

Williams Mullen

EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards

Williams Mullen on

In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for malfunctions associated with violations of New Source Performance Standards (NSPS) and National Emission...more

Cozen O'Connor

Maryland AG Seeks to Hold M/V DALI Owners and Managers Responsible for Destruction of Key Bridge

Cozen O'Connor on

Maryland AG Anthony Brown sued Grace Ocean Private Limited and Synergy Marine Pte Ltd., the owners and operators of the container ship M/V DALI, alleging that their reckless and grossly negligent conduct caused the DALI’s...more

Cozen O'Connor

California Sues Exxon for Allegedly Fueling Plastics Pollution Crisis

Cozen O'Connor on

California AG Rob Bonta sued global energy giant ExxonMobil Corporation for allegedly deceiving the public about the recyclability of plastic products and creating a global plastics pollution crisis in violation of state...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Memphis Facility Enter into Settlement...

The Tennessee Department of Environment and Conservation (“TDEC”) and Bass Brothers Enterprises, Inc. (“BB”) entered into a September 20th Settlement Agreement and Order (“Settlement”) addressing alleged violations of the...more

Pillsbury Winthrop Shaw Pittman LLP

From AI Doomers to E/Accs: How SB 1047 and the 38 AI Laws in California Are Shaping Future AI Law

California’s Safe and Secure Innovation for Frontier Artificial Intelligence Models Act is one of the first significant regulations of artificial intelligence in the United States that, if signed, would place liability on the...more

Husch Blackwell LLP

CFPB Allegations Result in $120 Million Settlement with Navient

Husch Blackwell LLP on

Earlier this month, the Consumer Financial Protection Bureau (CFPB) resolved its long-running lawsuit against Navient Corporation. The enforcement action culminated in a $120 million settlement of which $100 million was in...more

BCLP

SEC Penalizes Company for "Unsupported Hype"

BCLP on

The SEC announced settled charges against Zymergen Inc. in connection with its IPO based on misleading statements about its market potential, revenue prospects and customer pipeline. After raising $530 million in the 2021...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Corporate Transparency Act: What you Need to Know to Comply with the New Requirements

The Corporate Transparency Act (CTA) went into effect on January 1, 2024, and will impact millions of U.S. businesses by imposing requirements to file corporate transparency reports with beneficial ownership information...more

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