News & Analysis as of

Consent Decrees

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

DOJ Toughens Antitrust Consent Decree Enforcement

by Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

The State AG Weekly Update

by Cozen O'Connor on

2018 AG Elections- North Dakota Attorney General Wayne Stenehjem Announces Bid for Reelection- North Dakota AG Wayne Stenehjem declared his intention to run for reelection to a sixth term in 2018. ...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

Aqua Resources to Pay $150,000 to Settle EEOC Racial Harassment and Retaliation Suit

Water Company Fired Foreman Because He Complained about Racial Slurs, Federal Agency Charged - PHILADELPHIA - Aqua Resources Inc., a Delaware-based water and wastewater service company, will pay $150,000 and provide...more

Consent Decree in BarBri Case Includes Compliance With WCAG Standards for Digital Content

by Ballard Spahr LLP on

BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more

Plastipak Packaging Will Pay $90,000 To Settle EEOC Retaliation Suit

Plastics Manufacturing Company Fired Materials Handler Because She Complained About Sexual Harassment, Federal Agency Charged - BALTIMORE - Plastipak Packaging, Inc. will pay $90,000 and furnish significant equitable...more

Lowe’s Home Centers to Pay $55,000 To Settle EEOC Disability Discrimination Lawsuit

Cleburne Store Demoted Department Manager After Denying Him a Reasonable Accommodation, Federal Agency Charged - DALLAS - Lowe's Home Centers, LLC, a nationwide chain of home improvement and hardware stores, will pay...more

DOJ’s Antitrust Division Demands Easier Path to Proof of Settlement Violations

by Holland & Knight LLP on

Shortly after the arrival last fall of Makan Delrahim as head of the DOJ's Antitrust Division, the DOJ quietly introduced a subtle but significant change to the consent decrees it uses to settle antitrust disputes. This...more

Frequency Check: Is Your UAS FCC Compliant?

by Benesch on

The past decade has seen a rapid increase in the use of unmanned aircraft systems (“UAS”) (sometimes, though unusually inaccurately, called “drones”). The integration of UASs into the national airspace continues to be an area...more

Nutrient Criteria/Clean Water Act: Ozark Waters Article Notes Missouri Clean Water Commission Adoption

The January edition of the Ozarks Water Watch publication Ozark Waters references the recent adoption by the Missouri Clean Water Commission (“Commission”) of Clean Water Act nutrient criteria for Missouri lakes and streams....more

Proposed Pepsi Center Consent Decree Requires Open Captioning at Games and Concerts

In a proposed consent decree submitted for preliminary approval to the federal district court in Denver on December 29, 2017, the owners and operators of the Pepsi Center arena in Denver reached an agreement with a proposed...more

Text, blood and rock 'n' roll

by DLA Piper on

A recent case involving the legendary rock band Lynyrd Skynyrd is noteworthy not only for the fame of its parties, but also for its important and expansive outcome regarding an important eDiscovery issue. In Ronnie Van Zant,...more

Dependable Health Services to Pay $38,000 to Settle EEOC Disability Discrimination Suit

Health Care Staffing Agency Fired Employee Following Request for Reasonable Accommodation, Federal Agency Charged - BALTIMORE - Dependable Health Services Inc., a health care staffing agency, will pay $38,000 and furnish...more

Bojangles’ To Pay $15,000 To Settle EEOC Sexual Harassment and Retaliation Lawsuit

Transgender Employee Subjected to Gender Identity Harassment Then Fired for Reporting, Federal Agency Charged - RALEIGH, N.C. - Bojangles' Restaurants Inc., a North Carolina corporation operating a chain of fast food...more

#TheFTCisWatchingYou: Influencers, Hashtags and Disclosures 2017 Year End Review

by Patrick Law Group, LLC on

Influencer marketing, hashtags and proper disclosures were the hot button topic for the Federal Trade Commission (the “FTC”) in 2017, so let’s take a look at just how the FTC has influenced Social Media Influencer Marketing...more

Rocky Mountain Casing Crews to Pay $70,000 For Sexual Harassment

North Dakota Company Subjected Male Employee to Hostile Work Environment Because of His Sex and Sexual Orientation, Federal Agency Charged - MINNEAPOLIS - Rocky Mountain Casing Crews (RMCC), a Wyoming company that...more

Ichiban Japanese Steakhouse Settles EEOC Pregnancy Discrimination Lawsuit

Hibachi-Style Restaurant Fired Server Because She Was Pregnant, Federal Agency Charged - DETROIT -- Ichiban Japanese Restaurant, LLC, a hibachi-style restaurant doing business as Ichiban Japanese Steakhouse in Jackson,...more

THE LATEST: DOJ Antitrust Chief Casts Doubt on Using “Behavioral Remedies” to Fix Problematic “Vertical” Mergers

by McDermott Will & Emery on

WHAT HAPPENED: ..On Thursday, November 16, 2017, newly confirmed Assistant Attorney General for Antitrust Makan Delrahim, speaking at the American Bar Association Section of Antitrust Law’s Fall Forum, explained where...more

EPA Administrator Moves to End “Sue and Settle”

by K&L Gates LLP on

On October 16, EPA Administrator Scott Pruitt announced a Directive to address “sue and settle” concerns with new procedures allowing public participation prior to settling lawsuits challenging EPA actions. For states,...more

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

The FTC’s Challenge of Red Ventures–Bankrate: Antitrust Risks in Deals Backed by Private Equity Minority Shareholders

by Shearman & Sterling LLP on

On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal likely would have lessened competition in the market for...more

U.S. Environmental Protection Agency Administrator E. Scott Pruitt Addresses Consent Decrees/Settlement Agreements: October 16th...

United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued two documents dated October 16th addressing procedures involved in the resolution of litigation through consent decrees and settlement...more

Allsup’s Settles EEOC Pregnancy and Disability Discrimination Lawsuit For $950,000

Convenience Stores Systematically Discriminated Against Pregnant Workers and Refused to Accommodate Their Pregnancy-Related Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - Allsup's Convenience Stores, Inc.,...more

Hazardous Waste Enforcement: Alabama Department of Environmental Management and Jefferson County, Alabama Custom Paint...

The Alabama Department of Environmental Management (“ADEM”) and Titan Coatings, Inc. (“TCI”) entered into a September 5th Consent Order (“CO”) addressing alleged violations of certain hazardous waste regulations. See Consent...more

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