The Justice Insiders Podcast - The Ever-Expanding Net: Corporate Compliance in an Era of Increasing Trade Sanctions and Restrictions
False Claims Act Insights - Are All Healthcare “Kickbacks” Subject to FCA Liability?
Episode 333 -- The Boeing Proposed Plea Agreement
DOJ’s New Self-Disclosure Policy and Corporate Whistleblower Awards Pilot Program
False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
FCPA Survival Guide - Step 8 - Investing in Compliance
Exploring the AI and Crypto Intersection
The Justice Insiders Podcast: Jarkesy’s Implications for the Administrative State
The Presumption of Innocence Podcast: Episode 41 - The Dynamics of Decision-Making: Psychology and the Criminal Justice System
INTERPOL and Child Kidnapping Cases. What are INTERPOL’s Abilities and Limitations?
False Claims Act Insights - Eureka! Government Investigators Seek Out Research Misconduct
The Justice Insiders Podcast - AI-Washing: Everything Old Is New Again
The CFPB and State AGs Act Jointly Against Online Educational Company
Will the U.S. Have a GDPR? With Rachael Ormiston of Osano
Episode 328 -- Sanctions Enforcement Risks and Redlines
FCPA Survival Guide: Step 3 - Extensive Remediation
Episode 324 -- Third-Party Risks and Sanctions Compliance
Compliance Tip of the Day – Compliance Lessons from the Albemarle FCPA Enforcement Action
The Presumption of Innocence Podcast: Episode 38 - A Blueprint for Compliance: The Fraud Pentagon Theory
Episode 323 - Carlos Villagran Discusses Rebuilding a Corporate Culture After a Crisis
The U.S. Environmental Protection Agency (EPA) announced a Final Rule on April 19, 2024, designating two of the most common per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS, including their salts and structural...more
Capping a flurry of recent activity concerning per- and polyfluoroalkyl substances (PFAS), US EPA on April 19, 2024 designated two PFAS as hazardous substances. Designations of other PFAS are likely to follow. The same day,...more
On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more
Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately...more
The United States Environmental Protection Agency (“EPA”) and Austin Powder Company (“APC”) entered into a June 8th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Comprehensive Environmental...more
In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance...more
Earlier this month, EPA circulated a memorandum on “Strengthening Environmental Justice Through Cleanup Enforcement Actions.” It could significantly increase the volume of CERCLA enforcement actions. More importantly, if...more
EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more
Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...more
The Tax Cuts and Jobs Act (TCJA) of 2017, P.L. 115-97 (Dec. 22, 2017), made changes to the long-standing rule precluding deductibility of "any fine or similar penalty paid to a government for the violation of any law." ...more
EPA issues enforcement discretion policy during COVID-19 crisis - On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued guidance on how it will exercise its enforcement discretion in light of the COVID-19...more
The United States Environmental Protection Agency (“EPA”) and W2Fuel Adrian II, LLC, (“W2”) entered into an August 28 Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of Section 103(a) of the...more
Regardless of what side of the political fence you reside on and regardless of whether under this current administration you believe environmental enforcement has taken a holiday, the fact remains that most manufacturers...more
The United States Department of Justice (“DOJ”) and Dayton Industrial Drum, Inc. (“Dayton”) entered into an April 15th Consent Decree addressing the resolution of a Superfund or Comprehensive Environmental Response,...more
I undertook a presentation on April 17th at the Arkansas Environmental Federation Regulated Waste Seminar titled: Solid and Hazardous Waste Judicial/Regulatory Developments: 2018 – 2019 - The discussion addressed...more
The United States Environmental Protection Agency (“EPA”) and Water and Sewer Authority of Cabarrus County, North Carolina (“WSACC”), entered into a February 12th Consent Agreement and Final Order (“CAFO”) addressing an...more
The United States Environmental Protection Agency (“EPA”) and Birds Eye Foods, LLC (“Birds Eye”) entered into a December 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Comprehensive...more
The United States Environmental Protection Agency (“EPA”) and Lac qui Parle Cooperative Oil Company (“LPCOC”) entered into an April 6th Consent Agreement and Final Order (“CAFO”) that addresses an alleged violation of the...more
• Two recent developments have the potential to significantly impact governmental enforcement actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Clean Water Act...more
Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more
Companies operating ammonia refrigeration systems are easy targets for EPA under a number of environmental programs. Recent history suggests release reporting under Section 112(r) of the Clean Air Act (CAA) and under the...more
Mid-to-late June 2016, federal and state authorities brought a variety of enforcement actions against food and beverage companies under environmental, health, and safety statutes, suggesting increased governmental oversight...more
In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more
Millard Refrigerated Services Inc. learned the hard way that a company's failure to correct deficiencies in its processes can lead to significant consequences. Following three releases to the atmosphere from 2007 to 2010,...more
In Sackett, the Supreme Court ruled that EPA could not issue enforcement orders under the Clean Water Act without allowing the subjects of the order the right to bring a pre-enforcement challenge to such orders under the...more