News & Analysis as of

Certification Requirements Enforcement Actions

Bass, Berry & Sims PLC

Implementation of Trump DEI Orders Slower than Expected: What Contractors Should Know

Bass, Berry & Sims PLC on

One of President Trump’s campaign themes was ending diversity, equity, inclusion (DEI) programs, and he moved quickly to address those campaign promises. Within days of his inauguration, the president issued two executive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Pay Reporting Update for 2025: Additional Data Requirement as Enforcement Actions Increase

In 2021, Illinois amended the Equal Pay Act of 2003 by adding a requirement that covered employers submit demographic and wage data to the Illinois Department of Labor (IDOL). This requirement applied to private employers...more

Holland & Knight LLP

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

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Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more

Troutman Pepper Locke

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

Troutman Pepper Locke on

California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

BCLP

Is It Time to Take a Fresh Look at Disclosure Controls and Procedures for CEO/CFO Certifications?

BCLP on

In New England Carpenters Guaranteed Annuity and Pension Funds v. DeCarlo (Aug. 2023), the Second Circuit held, among other things, that CEO/CFO certifications mandated by SOX Section 302 constitute non-actionable statements...more

Latham & Watkins LLP

US Government Uses Receipt of PPP Funds to Create Piggyback Liability in FCA Case

Latham & Watkins LLP on

Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds. An April 2022 US Department of Justice (DOJ) settlement suggests...more

Eversheds Sutherland (US) LLP

DOJ to place additional burdens on CCOs

Last week, yet another US Department of Justice (DOJ) official reportedly stated new corporate settlements “most likely” will include a requirement that the company’s chief compliance officer (CCO), as well as the chief...more

The Volkov Law Group

DOJ CCO Certification Requirements and DOJ Compliance Mandates (Part II of III)

The Volkov Law Group on

The new DOJ Certification requirements certainly raise a number of new issues and risks for senior management and chief compliance officers.  In Part I of this series, I outlined the specific language and the Plea Agreement...more

Venable LLP

New Certification Requirements on the Horizon for CCOs: Certifying the Efficacy of Compliance Programs at the Conclusion of...

Venable LLP on

On Tuesday, March 22, 2022, Assistant Attorney General Kenneth Polite of the Department of Justice (DOJ) told an audience of compliance professionals that DOJ will direct prosecutors to "consider requiring" chief compliance...more

Dorsey & Whitney LLP

False Claims Act Case Tracker for Paycheck Protection Program Fraud - Update

Dorsey & Whitney LLP on

In the Spring of 2020, the Small Business Association (“SBA”) began administering the Paycheck Protection Program (the “PPP” or the “Program”) to provide SBA-backed loans to help eligible businesses maintain their workforces...more

Jones Day

Turning Tides in FCA SMCR Enforcement: Easier Targets, Non-Financial Misconduct, Changing Priorities

Jones Day on

The Situation: The Financial Conduct Authority ("FCA") is extending the Senior Managers and Certification Regime ("SMCR") to FCA solo-regulated firms on 9 December 2019 and has also released a number of statements in relation...more

BakerHostetler

FTC Announces Enforcement Action, Warning Letters for Companies Falsely Claiming Privacy Shield Participation

BakerHostetler on

The Federal Trade Commission (FTC) recently announced a compliance sweep of companies claiming to be in compliance with the U.S.-EU Privacy Shield and U.S.-Swiss Privacy Shield Frameworks. ...more

Fox Rothschild LLP

FTC: If It’s Out Of Date, Or Inaccurate, Don’t Include It In Your Privacy Notice

Fox Rothschild LLP on

The U.S. Federal Trade Commission (FTC) has entered into a settlement agreement with a company that claims on its website that it is EU U.S. Privacy Shield certified, when in fact, it had only started the process and stopped...more

Robinson+Cole Data Privacy + Security Insider

FTC Settles with Four Companies over Privacy Shield Certification

In the wake of the determination by the European Commission that the EU-US Safe Harbor Framework was insufficient to protect EU citizens’ personal information, the Privacy Shield Framework was implemented by the Department of...more

Polsinelli

FTC Settles Privacy Shield Misrepresentation Claims

Polsinelli on

The Federal Trade Commission recently entered into settlement agreements with four companies regarding claims that the companies misrepresented their compliance with the EU-U.S. Privacy Shield Framework. ...more

Hogan Lovells

FTC’s Privacy Shield Enforcement Actions Show Broader Enforcement Lens

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On September 27, the Federal Trade Commission (FTC) announced proposed settlement agreements with four companies it alleges violated Section 5 of the FTC Act by misrepresenting their certification status and compliance with...more

Robinson+Cole Data Privacy + Security Insider

ReadyTech Settles With FTC Over Claims of Participation in Privacy Shield

Although the U.S.-E.U. Privacy Shield Framework has been intensely criticized by E.U. Authorities, the Federal Trade Commission (FTC) continues to enforce violations of it by U.S. companies....more

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