News & Analysis as of

Settlement

Settlement Reached with CalPERS on Behalf of Truckee BB&K Represented Town in Negotiations

by Best Best & Krieger LLP on

Following a CalPERS audit of the Town of Truckee, Calif. about three years ago, CalPERS determined that merit pay was not PERSable because it was only offered to employees who had reached the maximum on their salary ranges....more

DOJ Reaches Settlement with Michigan Hospital on Allegedly Unlawful Marketing Agreement

by Mintz Levin on

On Friday February 9, 2018, the U.S. Department of Justice (“DOJ”) Antitrust Division announced a settlement with Henry Ford Allegiance Health (“Allegiance”) of claims that Allegiance and certain other hospitals unlawfully...more

Dumpster Diving Leads to $100,000 Fine for Defunct Business Associate Due to Improper Disposal of Medical Records

On February 13, 2018, the HHS Office for Civil Rights (OCR) announced a $100,000 settlement with a court-appointed receiver representing Filefax, Inc. (Filefax) arising from the 2015 discovery of medical records that...more

The EEOC Phoenix District Office Challenges Releases Waiving Future Financial Liability for Discrimination Claims

by Littler on

A recent settlement shows that the Equal Employment Opportunity Commission (EEOC) continues, from time to time, to take the position in litigation that an employee’s private release may not waive the employee’s right to...more

FTC Settles With Hotel Room Resellers Over Alleged Misrepresentations

by Reed Smith on

Reservation Counter, LLC and its parents companies have settled Federal Trade Commission charges that they misrepresented hotel bookings and credit card charges to consumers. The proposed order bars the defendants from...more

California Class Action Update

by Reed Smith on

Class actions hold our interest, even though we do not see them all that often anymore in the drug and medical device space. Maybe we are the rubbernecking motorists who can’t resist slowing down to gaze at someone else’s...more

Three Important Memos Affecting EPA Enforcement Actions

by Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

Dangerous Assumptions and Serious Consequences in Cybersecurity

by Bennett Jones LLP on

It's not the kind of news a retail giant wants to make. In May 2017, Target agreed to a $18.5-million settlement to resolve a 47-state investigation into a massive 2013 hack. This settlement put Target's total cost of the...more

Government Initiatives in Response to Wave of Harassment Allegations Challenges Manufacturers

Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an...more

Too Fast and Furious: Ninth Circuit Unwinds Hyundai and Kia Nationwide Class Action Settlement

by Carlton Fields on

In a split panel, the Ninth Circuit Court of Appeals reversed a district court’s certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule...more

Wearing a Seat Belt and its Affect on your Personal Injury Claim 

by The Brown Firm on

Wearing a seat belt while driving should be second nature to motor vehicle drivers in Georgia. Not only is it required by law, but can potentially save your life if you become involved in an accident. ...more

SEC Files Another Action Centered on Trading in Opaque Markets

by Dorsey & Whitney LLP on

The Commission filed another action centered misrepresentations made in opaque trading markets for mortgage backed securities. Unlike its earlier actions in this area, however, the case settled simultaneous with filing....more

The New Option in Town: Applying for the Low Volume Appeals Settlement

by Baker Ober Health Law on

In November 2017, the Department of Health and Human Services (HHS) announced new settlement options for providers and suppliers stuck in the backlog of the Medicare appeals process. One of the new options available is the...more

Snickers Has a Cross Section TM Registration!

It is frequently becoming more and more difficult to remember all the topics we’ve covered here over the last — almost — nine years. A recent Snickers end cap display jogged my memory...more

State AGs Still Really Don’t Like Cy Pres Class Action Settlements

by Kelley Drye & Warren LLP on

When class actions have a low settlement value relative to the size of the class, it is normal for defendants to pay out money to non-profit groups that advocate for issues relevant to the case rather than directly to class...more

International Co-operation in Investigations

by WilmerHale on

In recent years, the rise of multi-jurisdictional investigations and corresponding multi-jurisdictional settlements has changed the enforcement landscape. Notable examples include the tri-lateral settlements of Odebrecht and...more

Nationwide class actions: dangling on a precipice?

An unexpected decision from the US Court of Appeals for the Ninth Circuit has raised questions about the viability of nationwide class action settlements. What appeared to be a wrapped-up settlement agreement unraveled after...more

Garza v. Citigroup – The Third Circuit Clarifies When a Defendant May Be Awarded Attorneys’ Fees as Costs Under Rule 41(D)

Federal Rule of Civil Procedure 41(d) authorizes a district court to award a defendant “costs” where a plaintiff who “previously dismissed an action in any court [subsequently] files an action based on or including the same...more

Seyfarth Shaw’s Jerry Maatman And Bloomberg’s Perry Cooper Present “Top Trends In Workplace Class Action Litigation Panel...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 6, 2018, Seyfarth Shaw Partner Jerry Maatman and Bloomberg Law Senior Legal Editor Perry Cooper presented a timely event on “Top Trends In Workplace Class Action Litigation Panel Discussion.”...more

Federal Employment Law Updates

by White & Case LLP on

New Tax Law Limits Deductibility of Confidential Sexual Harassment and Abuse Settlements - Effective December 22, 2017, new Section 162(q) of the Internal Revenue Code of 1986, as amended (the "Code"), denies businesses...more

Allenhurst, NJ Sued Under RLUIPA One Day and Settles the Next

The Borough of Allenhurst, New Jersey has settled a lawsuit against an Orthodox Jewish group just one day after the group filed suit in federal court alleging violations of RLUIPA’s unreasonable limits and exclusions and...more

CFTC and DOJ File a Flurry of Spoofing Actions

On January 29, 2018, the Commodity Futures Trading Commission (CFTC) announced the filing of eight anti-spoofing enforcement actions: three settlements with financial institutions and five complaints filed in federal district...more

$3.5 M OCR Settlement for Five Breaches Affecting Fewer Than 500 Patients Each

by Murtha Cullina on

Yesterday, OCR announced its $3.5 million settlement with Fresenius Medical Care Holdings (“Fresenius”) to resolve alleged HIPAA violations. While the large settlement figure alone is eye-catching, the underlying facts...more

City of Bayonne, NJ to Pay $400,000 to Settle Claims Over Mosque Denial

The City of Bayonne, New Jersey has agreed to settle a lawsuit filed this past summer by Bayonne Muslims, asserting that the city discriminated against the Muslim group after denying variances needed to convert an abandoned...more

Privacy & Cybersecurity Update - January 2018

In this month's edition of our Privacy & Cybersecurity Update, we discuss Poland's potential exemptions from the new EU data law and the Office of the Comptroller of the Currency's recommendations for U.S. banks faced with...more

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