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Supreme Court of the United States › Penalties

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

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On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

Bricker Graydon LLP

Supreme Court Expands Available Government Strategies to Respond to Homelessness Crisis

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On June 28, 2024, the U.S. Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson finding municipal ordinances prohibiting camping on public property to be a constitutional exercise of local government...more

ArentFox Schiff

SEC v. Jarkesy’s Implications for Environmental Enforcement Actions

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On June 27, the US Supreme Court issued an opinion in SEC v. Jarkesy that limits the US Securities and Exchange Commission’s (SEC) ability to administratively seek civil penalties against defendants for securities fraud....more

Vinson & Elkins LLP

[Webinar] Redefining Agency Power: The Impact of the Supreme Court’s Decisions in Jarkesy, Loper Bright, and Corner Post - July...

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Join attorneys in our appellate, energy regulatory, environmental, tax, securities, and employment practices who will explore how these landmark rulings affect administrative law and practice and what comes next....more

Best Best & Krieger LLP

U.S. Supreme Court Rules That Cities May Enforce Camping Ordinances

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In recent years, two Ninth Circuit Court of Appeals decisions—Martin v. City of Boise (“Martin”) and Johnson v. City of Grants Pass (“Johnson”)—significantly narrowed the permissible scope of local regulation of public...more

Shipkevich PLLC

U.S. Supreme Court Reins in Federal Agency Powers

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In two landmark decisions during the last week of June 2024, SEC v. Jarkesy et al. (“Jarkesy”) and Loper Bright Enterprises et al. v. Raimondo (“Loper”), the Supreme Court has shown its intent to intensify its scrutiny over...more

Foley & Lardner LLP

U.S. Supreme Court Rules SEC Must Try Securities Fraud Cases in Federal Jury Trials Rather than In-House Courts

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On June 27, 2024, the U.S. Supreme Court ruled that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial. In a 6–3 decision, Chief Justice...more

Mintz

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

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EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

Cornerstone Research

SEC Enforcement of Cryptocurrency Reaches a New High

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More than 50% increase in SEC cryptocurrency-related enforcement actions in 2023 over 2022. The Securities and Exchange Commission (SEC) continues to view cryptocurrency-related enforcement as a top priority, bringing 46...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

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...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

ArentFox Schiff

Penalty Offense Authority and the Future of FTC Privacy Law

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From its founding in 1914 until roughly 2018, the Federal Trade Commission (FTC) enjoyed near complete hegemony as the primary consumer protection enforcement agency in the United States. The states played an important role,...more

Buchalter

FBARs, FATCA, and Foreign Nationals: Where are We Headed?

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There has been a legal shakeup this summer in the world of “FBARs”—Reports of Foreign Bank and Financial Accounts. New developments have been popping up nearly every week, whether from a court decision, as a result of a...more

Vondran Legal

Copyright Fair Use Examples

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Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more

Hinch Newman LLP

FTC Updates Endorsement Guides and FAQ Guidance Document While Proposing Rule That Will Impact Influencer Marketing and Digital...

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The Federal Trade Commission’s Endorsement Guides were first enacted in 1980 and amended in 2009. The Guides provide guidance to businesses and others to ensure that advertising using endorsements or testimonials is...more

Proskauer - California Employment Law

The Fate of PAGA Representative Action Waivers in Arbitration Agreements will be Decided by August

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As we reported (here), on June 15, 2022, a near unanimous U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s controversial decision in Iskanian v. CLS Transportation Los...more

ArentFox Schiff

Investigations Newsletter: Anticipated Landmark Supreme Court Decision May Be Anything But

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Anticipated Landmark Supreme Court Decision May Be Anything But On - April 18, 2023, the US Supreme Court heard oral arguments in a set of highly anticipated cases regarding the scienter—or knowledge—provision of the False...more

Hinch Newman LLP

Roundup of FTC Consumer Protection Matters of Interest to Digital Advertisers: April 2023

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In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more

BakerHostetler

Supreme Court Rules in Favor of Taxpayer in FBAR Case Penalty for Non-Willful Violations Apply on a Per-Report Basis

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On Feb. 28, the U.S. Supreme Court ruled that non-willful penalties related to FBARs apply to each report filed, not on a per-account basis. The 5-4 decision resolved a split between the Fifth and Ninth circuits that focused...more

Kohrman Jackson & Krantz LLP

US Supreme Court Upholds Single Penalty for Non-Willful Violations of Bank Secrecy Act

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On Feb. 28, 2023, the U.S. Supreme Court decided Bittner v. United States, holding that non-willful violations of the Bank Secrecy Act (BSA) should be handled per annual report, not per bank account, a ruling that saved the...more

White and Williams LLP

Supreme Court Rules For Taxpayers On Non-Willful FBAR Penalties

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Taxpayers who hold foreign accounts finally received clarity as the Supreme Court ruled that the $10,000 non-willful penalty for failure to file a FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR) applies...more

ArentFox Schiff

Split Fifth Circuit Panel Upholds $14.25 Million Clean Air Act Decision Hinging on Standing Issues

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Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a...more

White and Williams LLP

A Changing Climate: the Rising Tide of ESG Liability and Implications for D&O Coverage

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The latest legal buzzword, ESG, represents the environmental, social and governance factors that many corporations are now required to consider and disclose alongside traditional financial information such as operating...more

BakerHostetler

Per-Account or Per-Form Penalty?

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Key Takeaways: ..The law regarding computation of FBAR penalties is unclear. ..The United States Supreme Court has agreed to hear a case to settle a conflict among the circuit courts. ..Until the Supreme Court...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

Adams and Reese LLP

Construction-Related Companies May Have Reason To Fear Florida’s New Telephone Solicitation Act

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Many have heard of the Telephone Consumer Protection Act (TCPA) which restricts automated calls or texts without a cell phone subscriber’s consent. The penalties for violating the TCPA are harsh and range from $500 to $1500...more

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