News & Analysis as of

Corporate Counsel Consent Decrees

Paul Hastings LLP

You’ve Got Mail: NYDFS Enforcement Action Highlights Cybersecurity Risk of Over-Retention and Other Risks

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On Aug. 14, 2025, the New York Department of Financial Services (NYDFS) issued a Consent Decree announcing that Healthplex, Inc. (Healthplex) has agreed to pay a $2 million fine, as a result of an investigation into a 2021...more

Mintz

No Day But Today: Greystar Reaches Settlement Agreement with the Department of Justic in Realpage Algorithmic Pricing Case

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Last August, we wrote about the Justice Department’s lawsuit against software developer RealPage, which alleged that the property management software company enabled rent collusion, through its revenue management product, in...more

McDermott Will & Schulte

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce...more

FordHarrison

EEOC's Recent Enforcement of the Pregnant Workers Fairness Act: What Employers Need to Know

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A recent Consent Decree between the Equal Employment Opportunity Commission (EEOC) and Lago Mar Properties stands as an important reminder that the Pregnant Workers Fairness Act (PWFA) is broad in scope and encompasses all...more

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

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Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Seyfarth Shaw LLP

A Consent Decree Can Provide Some Protection Against Future Website Accessibility Lawsuits

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Seyfarth synopsis:  A New York federal judge invokes the All Writs Act to dismiss a later-filed website accessibility lawsuit against the same defendant to protect the integrity of an existing consent decree that already...more

ArentFox Schiff

EPA Issues New Policy on Its Use of Consent Decrees and Settlements

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The US Environmental Protection Agency (EPA) recently updated its guidance on “sue-and-settle” situations – a contentious approach to resolving claims alleging that the agency has failed to perform a required duty. Successive...more

Seyfarth Shaw LLP

A Tax Season Cautionary Tale: Court Penalizes Employer For Not Paying Payroll Tax Per EEOC Consent Decree

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Seyfarth Synopsis: In EEOC v. Sherwood Food Distributors, Inc., No. 16-CV-2386, 2022 U.S. Dist. LEXIS 32921 (N.D. Ohio Feb. 24, 2022), a federal court in Ohio held an employer in contempt for failing to pay its payroll tax...more

Seyfarth Shaw LLP

Back To The Drawing Board: Federal Court Denies Consent Decree Approval To EEOC Consent Decree

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Seyfarth Synopsis: In a recent ruling out of the U.S. District Court for the Middle District of Florida, the Court denied approval of a consent decree agreed upon by the EEOC and a defendant, taking issue with the decree’s...more

Morrison & Foerster LLP

Revisions To DOJ Merger Remedy Manual

The Department of Justice Antitrust Division recently issued a modernized Merger Remedies Manual, last updated in 2011. The Manual provides an overview of DOJ’s key considerations in crafting a remedy when the Antitrust...more

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Wilson Sonsini Goodrich & Rosati

2018 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati (WSGR) is pleased to present its 2018 Antitrust Year in Review, which summarizes the most significant antitrust matters and developments of the past year. In this report, we examine the Trump...more

Holland & Knight LLP

DOJ Issues More Guidance Impacting Environmental Enforcement

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On Nov. 8, 2018, the Department of Justice (DOJ) Office of Public Affairs issued a press release indicating that then-Attorney General Jeff Sessions signed a memorandum (presumably before resigning) the day before that...more

Amundsen Davis LLC

EEOC Consent Decree A Reminder That Attendance Policies Must Have An ADA Escape Valve

Amundsen Davis LLC on

In July the EEOC announced the terms of a consent decree settling claims of systemic disability discrimination against a global metal products manufacturer. Pursuant to the terms of the decree, the employer will pay $1...more

Fisher Phillips

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Fisher Phillips on

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against...more

Holland & Knight LLP

DOJ Challenges Employer No-Poaching Agreements as Per Se Antitrust Violation

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The DOJ's Antitrust Division sent a powerful message to the business community yesterday when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into...more

McDermott Will & Schulte

DOJ Consent Decree Changes Reduce Room for Error

WHAT HAPPENED - The Department of Justice Antitrust Division (DOJ) implemented new provisions in merger consent decrees that: ..Make it easier for DOJ to prove violations of a consent decree and hold parties in...more

Jones Day

DOJ Toughens Antitrust Consent Decree Enforcement

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The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

Holland & Knight LLP

DOJ’s Antitrust Division Demands Easier Path to Proof of Settlement Violations

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Shortly after the arrival last fall of Makan Delrahim as head of the DOJ's Antitrust Division, the DOJ quietly introduced a subtle but significant change to the consent decrees it uses to settle antitrust disputes. This...more

McDermott Will & Schulte

THE LATEST: DOJ Antitrust Chief Casts Doubt on Using “Behavioral Remedies” to Fix Problematic “Vertical” Mergers

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WHAT HAPPENED: ..On Thursday, November 16, 2017, newly confirmed Assistant Attorney General for Antitrust Makan Delrahim, speaking at the American Bar Association Section of Antitrust Law’s Fall Forum, explained where...more

U.S. Equal Employment Opportunity Commission...

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimin­ation lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission...more

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

NLRB Restricts Employers’ Ability to Reach Consent Settlement Agreements

In United States Postal Service, 364 NLRB No. 116 (August 27, 2016), the National Labor Relations Board (NLRB) overturned long-standing precedent by ruling that an administrative law judge (ALJ) may accept a proposed...more

Seyfarth Shaw LLP

Eleventh Circuit Affirms Dissolution Of Class Action Consent Decree Due To Plaintiffs’ Inaction

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Seyfarth Synopsis: After the City of Jacksonville stopped following a class action consent decree that required it to hire a proportionate number of black and white firefighters, the U.S. Court of Appeal for the Eleventh...more

Seyfarth Shaw LLP

DOJ Consent Decree Is A Reminder That Service Providers Are Public Accommodations

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When people think of the term “public accommodation,” images of restaurants, storefronts, and hotels come to mind. The Department of Justice’s (DOJ) recent Consent Decree with a moving company provides an important reminder...more

Poyner Spruill LLP

EEOC Files Contempt Action Against Employer for Alleged Breach of Settlement Agreement

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On December 3, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that it has filed a contempt action in Federal court against a Charlotte-based employer. In that action, the EEOC...more

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