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Compliance Damages

Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations. ... more +
Compliance programs typically refer to formalized institutional procedures within corporations and organizations to detect, prevent and respond to indvidual and widespread instances of regulatory violations.  In response to many corporate scandals evidencing rampant unethical business practices, many nations, including the United States, began passing strict regulatory frameworks aimed at curbing these abuses. Notable pieces of legislation in this area include the U.S. Foreign Corrupt Practices Act (FCPA), Sarbanes-Oxley (SOX), and the U.K. Bribery Act, to name a few. The foregoing statutes and the severe penalties often associated with them form the basis of many modern institutional compliance programs. less -
Davis Wright Tremaine LLP

California Legislature Sends Bills Regulating AI to the Governor

Last week, the California Legislature passed several bills that, if signed by the governor, will regulate how organizations develop, train, and use artificial intelligence (AI) models, systems, and applications. Of these...more

Foley & Lardner LLP

Learn About Data Privacy and How to Navigate the Information Security Regulatory Landscape

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Insights for this month’s article are provided by ARDA members Gregory Szewczyk, partner at Ballard Spahr Practice Leader of the firm’s Privacy and Data Security Group, and Aaron Tantleff, partner in Foley & Lardner’s...more

Benesch

California AG Issues Guidance Regarding Hidden Fees Ban

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Since the enactment of California’s so-called “Junk Fee Ban,” S.B. 478 (more formally known as the “Honest Pricing Law” or the “Hidden Fees Statute”), Benesch has been fielding a wide range of questions from retailers and...more

Saul Ewing LLP

Potential Broker Antitrust Liability and the $1.78 Billion Verdict in Recent Missouri Case

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On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based...more

Harris Beach PLLC

HHS Office of Inspector General October 2023 Enforcement Activity

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The following is a summary of selected federal Department of Health and Human Services’ Office of Inspector General (OIG) reports of fraud and abuse enforcement activity across the country. The enforcement actions reported...more

Foley & Lardner LLP

First Biometrics, Now Genetics: Is GIPA the Next BIPA for Employers to Worry About?

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Most employers operating in Illinois are (or should be) aware of Illinois' stringent Biometric Information Protection Act (BIPA). As we have written about previously, BIPA’s requirements are exacting, and BIPA plaintiffs do...more

Woods Rogers

Virginia’s New Minimum Salary Level for Non-Compete Agreements

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We’re here to bring you the latest news that directly impacts your business operations in the great Commonwealth of Virginia. It’s time to take note: Virginia has a new minimum salary level for non-compete agreements. This...more

Perkins Coie

Fintech Legal Report - October 2022

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FTC explains that merchants using BNPL services are also subject to consumer protection obligations. CFPB ends its no-action letter and compliance sandbox policies. CFPB sues an online lender for Military Lending Act...more

Fox Rothschild LLP

Watch Out For The Minnesota Health Records Act

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Medical providers operating in Minnesota must be aware of the Minnesota Health Records Act’s (“MHRA”) requirements to avoid liability exposure. Enterprising plaintiff’s attorneys are bringing these claims at an increasing...more

Snell & Wilmer

Texas Finds Actual Notice is Not Substantial Compliance with a Written Notice Provision

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The Supreme Court of Texas recently addressed notice requirements in a construction contract. In James Construction Group, LLC v. Westlake Chemical Corporation, the court held that even though the substantial compliance...more

Rumberger | Kirk

Recent U.S. Supreme Court Decision Alters the Scope of Recoverable Damages Under Anti-Discrimination Statutes Enacted under the...

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The Supreme Court of the United States recently held in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), that damages for emotional distress are not recoverable in actions seeking to enforce the...more

Latham & Watkins LLP

White Collar & Compliance Academy - Die Verteidigung

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Effektive Verteidigungsstrategien in Datenschutzkonflikten - Unternehmen drohen bei möglichen Datenschutzverstößen mittlerweile hohe Bußgelder und Schadensersatzklagen. Mit welchen Strategien und Argumenten können sich...more

Holland & Hart LLP

10th Circuit Affirms FINRA Arbitration Award—Adopts Face-of-the-Award Rule

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On April 14, 2020, the 10th Circuit U.S. Court of Appeals adopted the “face-of-the-award” rule for dealing with arbitrator errors in damage calculations under Section 11(a) of the FAA, affirming the district court’s refusal...more

White & Case LLP

President Trump's trade wars and the expansion of customs violations into the white-collar space

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The US' ongoing trade wars—with various trading partners and particularly with China—are everywhere in the news. Putting politics and policy aside, the "trade wars" reflect a basic disagreement over the rules that should...more

WilmerHale

Justice Department Establishes New Guidelines on Giving Credit for Disclosure Cooperation and Remediation in False Claims Act...

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On May 6, 2019, the Justice Department issued new policies establishing how defendants in False Claims Act (FCA) matters can earn credit for voluntary self-disclosure, cooperation, and remediation, possibly reducing what...more

Manatt, Phelps & Phillips, LLP

Health Update - September 2015

Latest Healthcare False Claims Act Roundup and Top 3 Best Practices to Reduce Exposure - As the legal landscape in healthcare becomes increasingly complex, healthcare companies that receive federal program funds face...more

Dorsey & Whitney LLP

Loss Causation In A Securities Fraud Case From a Stream of Small Disclosures

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A critical element in a Section 10(b) and Rule 10b-5 securities fraud claim for damages is loss causation. Mandated as a key component of such a claim by the PSLRA, the element provides the essential link between the alleged...more

Troutman Pepper

The Fines They Are A-Changin’: New Regulations Herald Increased Fines For California Hospitals

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As of April 1, 2014, California hospitals are subject to a significantly increased risk of being fined when state authorities find deficiencies in their compliance with licensing requirements and other health care-related...more

Skadden, Arps, Slate, Meagher & Flom LLP

"European Commission Issues Proposals on Private Antitrust Damage Actions and Collective Actions"

On June 11, 2013, the European Commission (Commission) issued a widely anticipated series of proposals designed to advance private antitrust damage and collective actions in Europe. To accomplish this, the Commission issued...more

Foley & Lardner LLP

As the CFPB Turns … And Other Consumer Financial Services News

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In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. House Financial Services Committee Chairman, Jeb Hensarling,...more

Brooks Pierce

Ralph Lauren Escapes FCPA Problems with Minimized Damage

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Often, enforcement officials at the SEC and the Justice Department express their wish that securities law violators own up to their (mis)conduct as soon it comes to light. That is, come to the government and explain what has...more

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