News & Analysis as of

Liability Enforcement Actions

Troutman Amin LLP

GETTING PERSONAL: Insurance Agent Sued Personally In TCPA Class Action Against Senior Life Insurance Company

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Said it before. Will say it again– the rule of personal liability for TCPA violations undertaken for an employer is the most unfair in all of American jurisprudence. Take the case of Matthews v. Senior Life Insurance Co.,...more

Vondran Legal

ASCAP Calls Out Alleged Infringers Publicly Citing Lawsuits Filed

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We have talked about this in other blogs; ASCAP is getting aggressive in enforcing their legal rights when restaurants, bars, fitness centers and other establishments play copyrighted music without having the proper BMI,...more

Ropes & Gray LLP

SEC Speaks 2025: Key Takeaways from Division of Enforcement Panels

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The SEC’s Division of Enforcement intends to remain a “cop on the beat,” and will refocus on traditional core enforcement areas, such as insider trading, accounting and disclosure fraud, market manipulation, and breaches of...more

Dacheng

China’s First Judicial Decision on Cross-Border Personal Information Transfers: Clarification on Data Localization Requirement

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In August 2024, China Judgements Online published a ruling issued by the Guangzhou Internet Court on September 8, 2023, in a case widely regarded as China’s first judicial decision addressing cross-border personal information...more

McAfee & Taft

Impact of new Trump order targeting disparate impact liability

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In his administration’s continued quest to “encourage meritocracy and a colorblind society” and oppose “race-or sex-based favoritism,” President Trump issued a new executive order on April 23, 2025, titled “Restoring Equality...more

Pierce Atwood LLP

Disappearing Act: Latest Executive Order Takes Aim at Disparate Impact Liability

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On April 23, 2025, President Trump signed an executive order aimed at eliminating enforcement of “disparate impact” discrimination claims, asserting that the disparate impact liability theory—used by courts for over five...more

Hogan Lovells

UK Building Safety Act: first building liability order made

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The High Court has imposed the first Building Liability Order under the Building Safety Act, passing liability for building safety defects from an SPV to its wealthier parent company....more

Bergeson & Campbell, P.C.

Amazon Files Suit against CPSC, Challenging CPSC’s Determination That Amazon Is a Distributor

On March 14, 2025, Amazon filed suit against the Consumer Product Safety Commission (CPSC) in the U.S. District Court for the District of Maryland, challenging CPSC’s July 29, 2024, and January 16, 2025, orders determining...more

Epstein Becker & Green

First Circuit Joins Sixth and Eighth Circuits in Adopting “But-For” Causation Standard Under the Federal Anti-Kickback Statute for...

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In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)....more

Woodruff Sawyer

SPAC Sponsor Liability and Insurance Solutions

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The SPAC market is finally making a comeback. As we enter a period of the long-awaited SPAC revival, some liability dangers persist. Two common questions that keep being raised by our clients are: How much liability...more

Winstead PC

SEC Renewed Action on Hedge Clauses

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Hedge clauses are provisions in investment advisory agreements that aim to limit an adviser’s liability for certain actions or outcomes. The U.S. Securities and Exchange Commission (the “SEC”) has expressed the position that...more

Perkins Coie

Trump DEI Executive Order Signals Risks of False Claims Act Liability for Government Contractors and Grantees

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Among the many issues raised by President Trump’s Executive Order (EO) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) targeting diversity, equity, and inclusion (DEI) programs is the prospect...more

Searcy Denney Scarola Barnhart & Shipley

Tesla’s Smart Summon Dilemma: Who Will Be Held Accountable for Tesla’s Risky Push Into Autonomous Technology?

The latest controversy surrounding Tesla’s push into autonomous driving technology has sparked an investigation by U.S. safety regulators into its “Actually Smart Summon” feature. This feature, which allows drivers to summon...more

Morrison & Foerster LLP

FDA Issues Action Levels for Lead in Baby Food

On January 6, 2024, the U.S. Food and Drug Administration (FDA) issued its final guidance establishing action levels for lead in processed food intended for babies and young children. This is the first FDA guidance directly...more

Freiberger Haber LLP

Thorny Issues Concerning the Statute of Limitations for Declaratory Relief and Breach of Fiduciary Duty

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Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors...more

Hinch Newman LLP

The FTC and Multi-Party Liability

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The FTC often initiates enforcement actions seeking to hold companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. FTC CID and investigation attorney previously...more

A&O Shearman

Zooming in on AI - #7: AI under financial regulations in the U.S., EU and U.K. - a comparative assessment of the current state of...

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This is the final note in a three-part series on the regulation of artificial intelligence in the financial services sector in the United States, the European Union and the United Kingdom. Our first note, we provided a...more

Hinch Newman LLP

When a Company Can be Liable to the FTC for Participating with Another Company in Misconduct

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The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct. For...more

Patterson Belknap Webb & Tyler LLP

UPDATE: SEC Wins Shadow Trading Trial But Court Will Get a Second Look

On April 5, 2024, after an eight-day trial, a jury found Matthew Panuwat liable for violating insider trading laws. Commenting on the Securities and Exchange Commission’s victory, Gurbir Grewal, the agency’s Director of the...more

ArentFox Schiff

Investigations Newsletter: Deputy Attorney General Monaco Warns Industries: “Fraud Using AI is Still Fraud”

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On March 7, Deputy Attorney General Lisa Monaco delivered the keynote remarks at the American Bar Association’s (ABA) 39th National Institute on White Collar Crime. She noted that artificial intelligence (AI) “holds great...more

Foley & Lardner LLP

Workplace Violence — Tips for Minimizing Liability Risks

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The specter of workplace violence is certainly one of the top concerns that keep employers awake at night. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening...more

American Conference Institute (ACI)

[Webinar] Setting the Record Straight on AI & ML for Legal and Compliance: What They Are – and Aren’t – and the Lesser-Known Risks...

During this highly anticipated webinar, legal and forensic experts will provide invaluable takeaways on the risks, benefits and best practices for leveraging artificial intelligence and machine learning for your compliance...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately...

Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - February 2023

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Health Care Compliance Association (HCCA)

[Webinar] Asset Protection in an Era of Enforcement - December 14th, 12:00 pm - 1:30 pm CT

Learning Objectives: - Hear from a former federal prosecutor, risk management expert, and wealth management specialist regarding enforcement and liability trends in the healthcare industry. - Learn how asset forfeiture...more

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