News & Analysis as of

Civil Monetary Penalty

Ogletree, Deakins, Nash, Smoak & Stewart,...

Whistleblower Update: SEC, DOJ Still Focusing on Employment Agreements and Written Policies, Off-Channel Communications

The U.S. Securities and Exchange Commission (SEC) brought more actions targeting regulated entities for recordkeeping violations related to employees using noncompany communications platforms, and both the SEC and the U.S....more

Goodwin

CFPB Enters into $28 Million Consent Order Resolving Allegations of Consumer Credit Misreporting

Goodwin on

​On September 11, the CFPB announced that it had entered into a consent order with a national bank resolving allegations that the bank reported inaccurate information to consumer reporting companies.  The bank agreed to pay...more

Goodwin

CFPB Permanently Bans Large Student Loan Servicer from Market and Orders Redress of $120 Million

Goodwin on

On September 12, 2024, the CFPB announced that it entered into a stipulated proposed order with a large student loan servicer resolving allegations that the servicer forced borrowers into costly repayment options.​ Under the...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Bradley...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and City of Bradley, Arkansas entered into an August 24th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Dinsmore & Shohl LLP

Recent Trio of Eighth Amendment Challenges to FCA Judgments Includes Two Successes; Lack of Uniformity Across Courts Remains

Dinsmore & Shohl LLP on

So far this year, three False Claims Act defendants have challenged judgments against them based on the Excessive Fines Clause of the Eighth Amendment. Remarkably, two were successful, as the District of Minnesota more than...more

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

Burr & Forman

Federal Agency Deference Eliminated, Now What?

Burr & Forman on

On June 28, 2024, the U.S. Supreme Court issued a decision that overrules the “Chevron doctrine.”  This means that federal agencies are limited in their ability to rely on their own interpretation of the laws they...more

BCLP

SEC Roasts Keurig for Claims Regarding Recycling of K-Cup Pods

BCLP on

On September 10, 2024, the SEC announced that it had charged Keurig Dr. Pepper for making incomplete, and therefore inaccurate, statements regarding the recyclability of its popular K-cup pods....more

BCLP

Part 6: What the FTC’s Final Rule on Reviews and Testimonials Means for Enforcement, Penalties

BCLP on

In this post, the final part of our six-part series, we explore the nuances of the “teeth” of the FTC’s Final Rule on consumer reviews and testimonials—the money the FTC can recover for violations of the Final Rule....more

Cranfill Sumner LLP

After Jarkesy, What Is Next for In-House Enforcement Proceedings?

Cranfill Sumner LLP on

Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lockesburg...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Lockesburg, Arkansas entered in an August 30th Consent Administrative Order (“CAO”) addressing alleged violations of a...more

Mayer Brown

UK Government Launches Office of Trade Sanctions Implementation to Enforce UK Trade Sanctions

Mayer Brown on

On 12 September 2024, the UK Government published the regulatory framework providing the scope and powers of the Office of Trade Sanctions Implementation (OTSI), the authority responsible for the implementation and...more

Goodwin

SEC Sends Additional Message to Registered Investment Advisers on Marketing Rule Obligations Through Enforcement Actions

Goodwin on

On September 9, 2024, approximately one year since its first flurry of similar Marketing Rule actions, the Securities and Exchange Commission (the SEC) announced settlements with nine SEC-registered investment advisers (the...more

Holland & Hart LLP

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

Holland & Hart LLP on

On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more

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

Subsurface Fluid Distribution System/Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Devonshire Manor Property Owners Association, Inc. (“Devonshire”) entered into an August 21st Consent Administrative Order...more

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

Air Enforcement: Proposed Oregon Department of Environmental Quality Order Addressing Portland Autobody Paint Operation

The Oregon Department of Environmental Quality (“ODEQ”) issued a June 25th Notice of Civil Penalty Assessment and Order (“Order”) to Crash Champions, LLC (“CC”) addressing an alleged violation of certain Oregon air...more

Hudson Cook, LLP

National Bank Reaches Settlement with the CFPB for Alleged Credit Reporting Violations

Hudson Cook, LLP on

On September 11, 2024, the CFPB issued an administrative consent order against the Bank, alleging multiple violations of the Fair Credit Reporting Act (FCRA), the Consumer Financial Protection Act (CFPA), and the Furnisher...more

BCLP

SEC Again Cracks Down on Companies That Restrict Whistleblowers

BCLP on

As discussed in our December 15, 2023 client alert, the SEC has waged an aggressive effort to enforce alleged violations of the whistleblower protection rule.  On September 9, 2024, the SEC announced settled charges resulting...more

Hudson Cook, LLP

Nonbank Student Loan Servicer Agrees to a CFPB-Imposed Ban and to Pay $120 Million

Hudson Cook, LLP on

After more than seven years of litigation, on September 12, 2024, the CFPB filed the Stipulated Order reflecting its settlement with the Company over alleged violations of the CFPA, FCRA, and FDCPA....more

Cozen O'Connor

Utah AG Secures $42.5 Million Judgment in Real Estate Investment Fraud Case

Cozen O'Connor on

Utah AG Sean Reyes has secured a $42.5 million judgment against Real Estate Workshop and associated individuals and entities (collectively, “REW”) for their involvement in an alleged real estate investment fraud scheme that...more

WilmerHale

SEC Takes Action Against Keurig for Allegedly Incomplete Disclosures Regarding Recyclability of K-Cups

WilmerHale on

While the Securities and Exchange Commission’s (SEC) new climate-related disclosure rules remain stayed, the SEC has not abandoned its focus on sustainability-related issues. On September 10, 2024, the SEC charged Keurig Dr...more

Proskauer - Whistleblower Defense

SEC Announces Slew of Enforcement Actions Regarding Whistleblower Protection Rule

The SEC recently announced the settlement of multiple enforcement actions for violations of its whistleblower protection rule, which prohibits “any action to impede an individual from communicating directly with the...more

Jenner & Block

Client Alert: Under Jarkesy, FERC’s Penalty Assessment Schemes Are Unconstitutional

Jenner & Block on

In SEC v. Jarkesy, the Supreme Court considered whether the Seventh Amendment permits the SEC “to compel respondents to defend themselves before the agency rather than before a jury in federal court.” The Court held that the...more

Bergeson & Campbell, P.C.

SEC Announces Settlement with Keurig for Statements Regarding the Recyclability of K-Cup Pods

The U.S. Securities and Exchange Commission (SEC) announced on September 10, 2024, that it charged Keurig Dr Pepper Inc. (Keurig®) with making inaccurate statements regarding the recyclability of its K-Cup® single-use...more

Kohrman Jackson & Krantz LLP

Ohio CAMPUS Act 2024: New Policies for Addressing Ethnic and Racial Harassment in Higher Education

This summer, the Ohio House of Representatives passed the Campus Accountability and Modernization to Protect University Students (CAMPUS) Act. This law, if enacted, would require institutions of higher education throughout...more

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