News & Analysis as of

Interim Rule Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015

Pillsbury Winthrop Shaw Pittman LLP

Civil Penalties Up For Some Aviation Violations

The Department of Transportation (DOT) recently issued an interim final rule to increase the maximum aviation-related civil penalty amounts to adjust for inflation. The rule became effective on August 10, 2016, and will apply...more

Davis Wright Tremaine LLP

The (much!) Higher Cost of Non-Compliance: Federal Civil Penalties Increase

EPA has released an interim final rule with penalty adjustments mandated by a new law (“Interim Rule” or “Rule”). Most importantly, the “catch up” adjustments under the Interim Rule carry quite a wallop for those subject to...more

Baker Donelson

Federal Agencies Forced to Implement Huge Increases in Civil Monetary Penalties for Health Care Fraud

Baker Donelson on

Thanks to section 701 of the Bipartisan Budget Act of 2015, Public Law 114–74, federal agencies have been forced to implement huge increases in penalties intended to deter health care fraud. The Federal Civil Penalties...more

WilmerHale

Alert: Retroactive Civil Penalty Increases? Civil Penalties Set to Increase Significantly, Many Present Retroactivity Concerns

WilmerHale on

Over the past several months, many federal agencies have adopted rules significantly increasing the maximum civil monetary penalties (CMPs) they can potentially impose. The increased penalty amounts were adopted in response...more

Goodwin

Financial Services Weekly News - August 2016 #2

Goodwin on

Editor's Note - OATS Reporting Violations and FINRA Enforcement. FINRA’s Order Audit Trail System (OATS), is an integrated audit trail of order, quote and trade information for all NMS stocks and OTC equity securities,...more

Williams Mullen

Environmental Notes - August 2016

Williams Mullen on

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

Conn Maciel Carey LLP

OSHA Civil Penalties Spike by 80% on August 1st

Conn Maciel Carey LLP on

On June 30, 2016, the U.S. Department of Labor issued an Interim Final Rule to implement the Federal Civil Penalties Inflation Adjustment Improvements Act passed last Fall as part of the highly publicized “Bipartisan Budget...more

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

Immigration Penalties Adjusted for Inflation Increases to Take Effect August 1

On June 30 and July 1, 2016, the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the U.S. Department of Labor (DOL) each published separate interim final rules in the Federal Register to...more

McDermott Will & Emery

DOL Significantly Increases Some Penalties for ERISA Violations

McDermott Will & Emery on

Under the Federal Civil Monetary Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Inflation Adjustment Act), the US Department of Labor (DOL) increased the penalties for specified violations of the Employee...more

Baker Donelson

The DOL Isn't Done Yet and Non-Compliance is Getting More Expensive Than Ever

Baker Donelson on

Employers around the country are busy trying to keep up with the fast and furious rule-making from the Department of Labor. From OSHA reporting requirements, the persuader and fiduciary rules and the new overtime regulations,...more

WilmerHale

Civil Fines Jump Across Agencies Under Inflation Adjustment Act

WilmerHale on

Civil fines across federal agencies have recently been increased dramatically under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Sec. 701 of Public Law 114-74), with some more than...more

Holland & Knight LLP

Department of Labor Increases Penalties for Certain ERISA Violations

Holland & Knight LLP on

The U.S. Department of Labor (DOL) published on July 1, 2016, an interim final rule adjusting the civil monetary penalties that it can enforce. These adjustments are the result of the Federal Civil Penalties Inflation...more

Williams Mullen

Department of Justice Imposes Almost 100% Increase in Minimum and Maximum Monetary Penalties Under FCA

Williams Mullen on

On June 30, 2016, the U.S. Department of Justice (“DOJ”) announced an interim final rule almost doubling per-claim penalties under the False Claims Act (“FCA”). The FCA still imposes treble damages for government losses in...more

McDermott Will & Emery

OSHA and MSHA Increase Penalties for Workplace Safety Violations

McDermott Will & Emery on

On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred...more

Williams Mullen

New Interim Rules Impose 78% Increase in Maximum Monetary Penalties Under OSHA

Williams Mullen on

On June 30, 2016, the U.S. Department of Labor announced the implementation of two interim final rules that will increase penalties under various federal statutes, including the Occupational Safety and Health Act (“OSHA”). ...more

King & Spalding

FCA Penalties to Nearly Double After Inflation Adjustment

King & Spalding on

In an Interim Final Rule effective August 1, 2016, the Department of Justice (DOJ) confirmed increased statutory penalties under the False Claims Act (FCA) to adjust for inflation, almost doubling current penalty amounts. ...more

WilmerHale

FTC Civil Penalties on the Rise—Inflation Adjustments Increase Civil Penalty Amounts

WilmerHale on

For the first time since 2009, the potential civil penalties for violating an administrative consent order under Section 5(b) of the FTC Act is going up. The maximum civil penalty the Federal Trade Commission (FTC) can now...more

Morgan Lewis

False Claims Act Update

Morgan Lewis on

As anticipated, the DOJ follows the RRB’s lead, nearly doubling FCA penalties. In accordance with Section 701 of the Bipartisan Budget Act of 2015 (BBA), Public Law 114-74, the US Department of Justice (DOJ) published an...more

Dorsey & Whitney LLP

Federal Civil Penalties Going Up, Way Up

Dorsey & Whitney LLP on

The United States Department of Justice (“DOJ”) published an Interim Final Rule on June 30th nearly doubling the per-claim civil penalties for violations of a number of laws, including the False Claims Act (FCA), the Program...more

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

OSHA Officially Increases Civil Penalties by 78 Percent

On June 30, 2016, the U.S. Department of Labor (DOL) announced its interim final rule on Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments. The rule was formally published in the Federal Register on July...more

Mintz - Health Care Viewpoints

DOJ Announces Dramatic Increase in False Claims Act Penalties

On May 6th, we posted about the possibility that the Department of Justice (“DOJ”) might dramatically increase False Claims Act (“FCA”) penalties after the Railroad Retirement Board (“RRB”) nearly doubled the per-claim...more

Nossaman LLP

U.S. Fish and Wildlife Service Increases Civil Penalties

Nossaman LLP on

The U.S. Fish and Wildlife Service (Service) published an interim rule (pdf) revising its civil procedure regulations for the assessment of civil penalties for violations of various laws and regulations within the Service’s...more

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