News & Analysis as of

Settlement Agreements

Jackson Lewis P.C.

Failure to Safeguard, Two Cyber Intrusions, and an $850,000 SEC Settlement

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Virtually all organizations have an obligation to safeguard their personal data against unauthorized access or use. Failure to comply with such obligations can lead to significant financial and reputational harm. In a...more

Husch Blackwell LLP

Texas Attorney General Reaches Generative AI Settlement

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Keypoint: The Texas Attorney General reaches a first-of-its-kind settlement with a healthcare company that provides generative AI products. On September 18, 2024, the Texas Attorney General announced that it had reached a...more

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

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The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more

Mayer Brown

Senado Aprova Medidas Para Renegociação De Multas Impostas Por Agências Reguladoras Federais

Mayer Brown on

O Senado aprovou a criação do programa “Desenrola Agências Reguladoras”, que cria a possibilidade de renegociação de multas aplicadas pelas agências reguladoras federais a pessoas físicas ou jurídicas. O substitutivo ao...more

Cornerstone Research

Considerations for Blow Provisions in Securities Class Action Settlements

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Securities class action settlements often include what is commonly referred to as a “blow provision”—a provision designed to give defendants the option to terminate the settlement agreement if a specified threshold of...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

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Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Bracewell LLP

Forced Enforcement? The Fine Line in the CFTC’s Approach to Market Manipulation

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On 27 August 2024, a Swiss commodity trader entered into a settlement agreement for $48 million with the US Commodity Futures Trading Commission (“CFTC”) in relation to alleged market manipulation charges. This case, rooted...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fund Eligibility/Storage Tank Enforcement: Tennessee Department of Environment and Conservation and Hendersonville Hospital Enter...

The Tennessee Department of Environment and Conservation (“TDEC”) and Henderson Hospital Corporation (“HHC”) entered into an August 23rd Settlement Agreement and Order (“Agreement”) addressing alleged violations of the...more

McAfee & Taft

NLRB changes course on consent orders … again

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The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

12(r)/Air Enforcement: U.S. Environmental Protection Agency and Henderson, Iowa Grain Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and Hartland Co-op (“Heartland”) entered into an August 5th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Air Act Risk Management...more

Bricker Graydon LLP

Nexus Pipeline Settlement Update

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The Nexus Pipeline (Nexus), which transports natural gas from eastern Ohio to Canada, was placed in-service in 2018. Nexus appealed its initial tax valuation in November 2019 and ultimately reached a settlement regarding tax...more

Proskauer Rose LLP

Wealth Management Update - September 2024

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The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September applicable federal rate (“AFR”) for use...more

Marshall Dennehey

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s...

Marshall Dennehey on

Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,...more

Fox Rothschild LLP

Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights

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It is quite common in divorce settlements to require payments to be made over time or in the future. Some people, for whatever reason, choose not to immediately go back to court for enforcement when there is non-compliance....more

Sheppard Mullin Richter & Hampton LLP

NLRB Will No Longer Approve Employer Proposed Consent Orders

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and...more

Mandelbaum Barrett PC

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

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In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more

Holland & Knight LLP

Attaching Confidential Settlement Agreement to Complaint Serves as Basis for Counterclaim

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Trade secret and contract claims often travel together. For example, a failed collaboration that involved the exchange of confidential information may result in the disclosing party alleging that the recipient both...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Enforcement: U.S. Environmental Protection Agency and Seaford, Delaware Mulch Manufacturer Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Mr. Mulch, LLC (“Mr. Mulch”) entered into a July 11th Expedited Settlement Agreement (“ESA”) addressing alleged violations of the Clean Water Act Stormwater...more

Rivkin Radler LLP

When A Shareholder Loses Control of Their S Corporation

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If given their druthers, most transactional corporate attorneys would prefer to spend their day practicing “happy law,” by which they typically mean transactions that involve capital formation, mergers and acquisitions, joint...more

U.S. Equal Employment Opportunity Commission...

ResourceOne to Pay $47,500 in EEOC Racial Harassment Lawsuit

Settles Federal Lawsuit Charging That Supervisor Called Employee ‘Ape’ and ‘Congo’ After Learning of African Heritage - TULSA, Okla. - Worldwide Printing and Distribution, Inc., doing business as ResourceOne, a Tulsa...more

Akerman LLP - Health Law Rx

The Admera Health Settlement Is a Cautionary Tale for Paying Outside Sales Staff on a Commission Basis

The Office of Inspector General recently announced the more than $5.5 million settlement of a qui tam action brought against Admera Health, LLC (Admera). In addition to the fine incurred, the legal fees typically incurred for...more

Orrick, Herrington & Sutcliffe LLP

Class proposes $64M settlement to resolve SCRA, MLA suit

On August 2, a proposed class of former and current servicemembers filed a memorandum in the U.S. District Court for the Eastern District of North Carolina proposing an unopposed settlement agreement between the class and the...more

Freiberger Haber LLP

Problems Related to “Short” Return Dates on Notices of Motion for Summary Judgment in Lieu of Complaint Pursuant to CPLR 3213

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CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part: When an action is based upon an...more

Health Care Compliance Association (HCCA)

In This Month’s E-News: August 2024

The Food and Drug Administration (FDA) has given Massachusetts Institute of Technology (MIT) 15 days from receipt of its June 21 warning letter to elaborate on corrective actions to address violations of federal requirements...more

The Volkov Law Group

Gentiva Pays $19.4 Million for False Claims Act Violations Involving Hospice Care

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Gentiva, the renamed former Kindred at Home, agreed to pay $19.4 million to resolve claims that its predecessor company, Kindred at Home and related companies, violated the False Claims Act by retaining overpayments for...more

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