News & Analysis as of

Corrective Actions

Air Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Steel Tire Cord Manufacturing Facility...

The Arkansas Department of Environmental Quality and Tokusen U.S.A., Inc. (“TI”) entered into a November 13th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-099. The CAO...more

#MeToo: How Do Companies Avoid Being Next?

by Miles & Stockbridge P.C. on

Bill O'Reilly. Harvey Weinstein. Kevin Spacey. Charlie Rose. Matt Lauer. It seems that every day the news covers one more explosive incident of sexual harassment in the workplace, with many allegations indicating that the...more

DOJ Makes Permanent Its Program to Incentivize Self-Disclosure in FCPA Investigations

by Holland & Knight LLP on

• The U.S. Department of Justice's (DOJ) pilot program established in 2016 to incentivize companies to self-report violations of the Foreign Corrupt Practices Act (FCPA) will, with slight revisions, be made permanent. •...more

Underperforming Law Firms Risk Failure

by Hayse LLC on

The measure of success is not whether you have a tough problem to deal with, but whether it is the same problem you had last year. - John Foster Dulles Former Secretary of State...more

Underground Storage Tank Enforcement: Arkansas Pollution Control and Ecology Commission Administrative Law Judge Order Addressing...

Arkansas Pollution Control and Ecology Commission Administrative Law Judge (“ALJ”) Charles Moulton issued a November 15th Order addressing a Notice of Violation (“NOV”) by the Arkansas Department of Environmental Quality...more

Overflows/Wastewater Enforcement: Tennessee Department of Environment and Conservation and Dyersburg, Tennessee Enter into Consent...

The Tennessee Department of Environment and Conservation (“TDEC”) and the City of Dyersburg, Tennessee (“City”) entered into an October 9th Consent Agreement and Assessment (“CAA”) addressing alleged violations involving...more

Legal Compliance In A Harassment-Conscious Environment

by Foley & Lardner LLP on

As noted in our Legal News Update – Me Too, But Now What? What Board Members Need to Know About Workplace Sexual Harassment – allegations regarding workplace harassment have recently been a major focus of traditional and...more

GAO Sustain Rate Is Down from 2016, But Still Higher Than Some Recent Years

by PilieroMazza PLLC on

This week, the U.S. Government Accountability Office (“GAO”) published its annual report to Congress, detailing statistics on the bid protests filed during the 2017 fiscal year. The number of cases filed with GAO (including...more

October 2017 Bid Protest Roundup

This month’s bid protest roundup discusses five decisions covering corrective action, an agency’s evaluation discretion, the “late-is-late” rule, intervening at the Court of Federal Claims (COFC), and Small Business...more

How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest

by Williams Mullen on

Confronting an exclusionary solicitation or failing to win an award can be highly frustrating. Putting aside emotion and applying practical and objective criteria to the situation will help companies assess whether there is...more

China's New Cybersecurity Law Brings Enforcement Crackdown

by Jones Day on

The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Waste Water Management, Inc. (“WWMI”) entered into a Consent Administrative Order (‘CAO”) addressing alleged violations of a Clean Water Act National Pollution...more

Denial and Law Firm Demise

by Hayse LLC on

...Most business people are familiar with Built to Last and Good to Great, both terrific books by Jim Collins. He published a less known book, How The Mighty Fall, that I like a lot. In it Collins describes a phase that many...more

Winning the Corrective Action, and Using Clarifications Instead of Discussions

In a recent Protest Roundup, we discussed Dell Federal Systems, LP v. United States, 2017 WL 2981811 (Fed. Cl. July 3, 2017), a case in which a contractor successfully challenged the scope of the voluntary corrective action...more

RCRA Corrective Action Liability: Can it be Imposed on a Company that Never Owned or Operated the Facility?

by Williams Mullen on

The North Carolina Court of Appeals recently issued a ruling that will have a significant impact on business transactions involving property subject to a permit or corrective action obligations under the Resource Conservation...more

For Third Straight Year, No Mines Eligible For A Pattern Of Violations Notice

by Jackson Lewis P.C. on

The Mine Safety and Health Administration has announced that, for the third consecutive year, none of the nation’s more than 13,000 mining operations met the criteria for a Pattern of Violations (POV) notice, which would...more

July 2017 Protest Roundup

In July 2017, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1) agency...more

If Timely Notice is Given, the Cost to Correct a 401(k) Exclusion Error May Be Reduced

by Dickinson Wright on

Occasionally, an employer may determine that it did not withhold deferral contributions for a new employee in accordance with the terms of its 401(k) plan. If the plan has an automatic enrollment feature, and the error is...more

$387,200 Fine from HHS OCR for the Improper Disclosure of PHI to an Employer and a Volunteer Organization

by Arnall Golden Gregory LLP on

On May 23, 2017, the Department of Health and Human Services Office of Civil Rights (HHS OCR) announced a settlement with St. Luke’s-Roosevelt Hospital Center, part of the Mount Sinai Health System, to resolve allegations...more

Legal Costs Don’t Have To Be Staggering

by Ary Rosenbaum on

The cost of correcting plan errors can be expensive. It can be expensive through corrective contributions and it certainly can be expensive through legal costs....more

Health Entity Settles with OCR for Alleged Failure to Maintain a Business Associate Agreement

by King & Spalding on

The Center for Children’s Digestive Health (CCDH) recently paid the HHS Office for Civil Rights (OCR) $31,000 and entered into a corrective action plan to settle potential violations of HIPAA for an alleged failure to...more

Inappropriate Disclosure of a Single Patient Name Results in $2.4 Million HIPAA Settlement

Texas’ Memorial Hermann Health System (MHHS) paid $2.4 million to the U.S. Department of Health and Human Services (HHS) and entered into a corrective action plan (CAP) to resolve allegations related to the impermissible...more

$2.5 Million Settlement Reached as HIPAA Crackdown Continues on Unsecured Portable Devices

by Jones Day on

A recent settlement of $2.5 million for alleged violations of the Health Insurance Portability and Accountability Act ("HIPAA") continues a trend of government enforcement targeting health care providers and vendors that fail...more

First HIPAA Settlement Involving a Wireless Health Services Provider

?On April 24, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that CardioNet, Inc. (CNI) agreed to pay $2.5 million and enter into a Corrective Action Plan (CAP) to settle...more

Gone Phishin’: Hack Leads to HIPAA Settlement

While your business may indeed be a “victim” when hit by a phishing attack, your enterprise can also be responsible for violations of law associated with the incident. Earlier this week, the HHS Office for Civil Rights...more

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Cybersecurity

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