News & Analysis as of

Statistical Analysis Enforcement Actions

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 ITC Section 337 Year in Review: Analysis & Trends

Section 337 investigations at the U.S. International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of...more

Bass, Berry & Sims PLC

The Not So Green-Friendly Practice of Greenwashing

Bass, Berry & Sims PLC on

As investors, advisers, corporations and other stakeholders become increasingly focused on environmental, social and governance (ESG) investments and disclosures, regulators are becoming increasingly concerned with potential...more

Carlton Fields

Defense Lawyers Can ‘Rewrite’ the Sentencing Guidelines, One Case at a Time

Carlton Fields on

Over 90 percent of federal defendants plead guilty, and 83 percent of those who go to trial are convicted on at least one count.1 In most indicted federal cases, the question is not how to persuade a jury at trial, but how to...more

Carlton Fields

Challenging Sentencing Guidelines With Comparable Cases

Carlton Fields on

In December, the U.S. Sentencing Commission issued a report on the influence of the U.S. sentencing guidelines on average sentences imposed. The commission found that the guidelines "generally continue to have a substantial...more

Morgan Lewis - ML Benefits

DOL’s ERISA Enforcement Activities Focus on Health Plan Compliance

In recent years, reports have indicated robust, and in some respects increasing, enforcement activities by the US Department of Labor (DOL) related to ERISA. The DOL recently issued its enforcement statistics for fiscal year...more

Seyfarth Shaw LLP

EEOC’s Inaugural Annual Performance Report Reveals Charge Drop And Hints Of A Litigation Shift

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Seyfarth Synopsis: On February 10, 2020, the EEOC released its first-ever Annual Performance Report (“APR”) for Fiscal Year 2019 (see here). The APR is an analysis of the EEOC’s litigation goals and performance results, and...more

Epstein Becker & Green

DOJ False Claims Act Recoveries FY 2019: Total Collections Rise – Almost 90 Percent Relate to Health Care

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Through a January 9, 2020, press release, the Department of Justice (“DOJ”) reported more than $3 billion in total recoveries from settlements and judgments from fraud-related civil matters brought under the False Claims Act...more

Polsinelli

OFCCP Breaks Record With Over $40M in Settlements in 2019

Polsinelli on

The Office of Federal Contractor Compliance has been busy this year.  In 2019, it has obtained over $40M in settlements from federal contractors to resolve claims of hiring and compensation discrimination.  This figure tops...more

Polsinelli

OFCCP Announces Three Multimillion Dollar Bias Settlements

Polsinelli on

The OFCCP opened the month of October by announcing three multimillion dollar settlements with major government contractors.  The agency entered into early resolution conciliation agreements with Goldman Sachs & Co. LLC and...more

Troutman Pepper Locke

Eleventh Circuit Says Difference Of Opinion Does Not Establish Falsity In False Claims Act Case

Troutman Pepper Locke on

On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more

Hogan Lovells

OFCCP Required To Share Statistical Findings In Enforcement Action

Hogan Lovells on

Employers facing a determination by the OFCCP (Office of Federal Contract Compliance Programs) that they have violated the anti-discrimination laws applicable to federal contractors often confront a black box when trying to...more

Proskauer - Corporate Defense and Disputes

SEC’s Data-Driven Analysis Identifies Allegedly Improper Trade Allocations by Investment Advisor

Relying on a data-driven statistical analysis conducted by the Division of Economic and Risk Analysis (DERA), the SEC recently commenced administrative proceedings against an investment advisor, Welhouse & Associates, Inc.,...more

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