Ryan Baasch

Ryan Baasch

Latham & Watkins LLP

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D.C. Circuit: No FCA Liability for Unassessed Regulatory Penalties

Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations. The United States Court of Appeals for the D.C. Circuit issued a decision in United...more

8/13/2019  /  Civil Monetary Penalty , Environmental Protection Agency (EPA) , Environmental Violations , False Claims Act (FCA) , Fraud , Reporting Requirements , Reverse False Claims , Substantial Risk of Harm , Toxic Substances Control Act (TSCA)

Supreme Court: SEC ALJs Are Officers Subject to Constitution’s Appointments Clause

Respondents in pending or future proceedings should carefully assess their options until several key legal questions are resolved. The United States Supreme Court recently issued its ruling in Lucia v. Securities and...more

7/13/2018  /  Administrative Law Judge (ALJ) , Administrative Proceedings , Appointments Clause , Constitutional Challenges , Enforcement Actions , Final Written Decisions , Lucia v SEC , SCOTUS , Securities and Exchange Commission (SEC) , Special Trial Judges (STJs)
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