News & Analysis as of

Criminal Penalties

Benesch

Third-Party Co-Pay Assistance Program Kickback Scheme Results in $450 Million DOJ Settlement

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Teva Pharmaceuticals, the largest generic drug manufacturer in the United States, has agreed to pay $450 million to resolve allegations of violating the False Claims Act and Anti-Kickback Statute arising from purported...more

Ruder Ware

Reminder: CTA Filing Deadline Looming

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The Corporate Transparency Act (CTA) remains in effect, and, as a result, many entities are required to submit filings to the federal government by the January 1, 2025, deadline. A failure to timely file may result in civil...more

Mintz

The New Private Equity Post-Acquisition Paradigm

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With private equity deals under harsh scrutiny from the Department of Justice, it is critical that sponsors follow appropriately structured pre and post-acquisition best practices to avoid enforcement exposure and best...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Corporate Transparency Act: What you Need to Know to Comply with the New Requirements

The Corporate Transparency Act (CTA) went into effect on January 1, 2024, and will impact millions of U.S. businesses by imposing requirements to file corporate transparency reports with beneficial ownership information...more

Conyers

Increased Enforcement Actions Regarding Cayman Islands Economic Substance

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In 2024, there has been a sharp increase in the number of enforcement actions initiated by the Cayman Islands Tax Information Authority (“TIA”) and fines levied against relevant entities (such as Cayman Islands exempted...more

Farella Braun + Martel LLP

How are we discounting enforcement risk for Corporate Transparency Act violations?

Reasonable constitutional challenges on several grounds are working their way through federal courts and none will likely be settled before the end of 2024. Ambiguities and circular logic make interpretations of beneficial...more

Fisher Phillips

Mexico Imposes Hefty New Penalties for Excessive Work Hours: 3 Things Employers Need to Know

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Employers doing business in Mexico should understand significant new consequences for requiring employees to work excessive hours. Specifically, Mexico’s Human Trafficking Law — which aims to protect certain disadvantaged...more

Rodemer Kane Attorneys at Law

Is It Legal to Grow Marijuana in Colorado Springs?

Yes, it is legal to grow marijuana in Colorado Springs, under certain conditions. In Colorado, adults aged 21 and over are allowed to grow up to six cannabis plants at home. However, there are some rules to follow: ●...more

White & Case LLP

Practical and legal implications in Poland following the EU harmonization of enforcement and penalties for sanctions violations

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On 24 April 2024, the EU adopted a new directive (Directive (EU) 2024/1226 of the European Parliament and of the Council) which establishes EU-wide rules for defining criminal offences and penalties related to the violation...more

Latham & Watkins LLP

Sanctions Update: EU Takes Step to Harmonise Criminal Penalties for Breaches of EU Sanctions

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The new Directive (EU) 2024/1226 defines criminal offences and penalties for breaches of EU sanctions. This Client Alert summarises key provisions and implications for businesses. This Client Alert is published in the...more

Oberheiden P.C.

Ultimate Guide to the Anti-Kickback Statute

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All healthcare providers and other businesses in the healthcare industry need to comply with the Anti-Kickback Statute (AKS). The AKS imposes criminal penalties for knowing and willful violations, and even inadvertent...more

Stikeman Elliott LLP

New Public Register Proposed for Advocates of Foreign State-Owned and Controlled Enterprises

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As part of a new bill intended to combat foreign interference in Canadian affairs, the Canadian government has proposed that any person advocating for certain types of foreign actors with respect to activities intended to...more

The Volkov Law Group

EU Enacts New Directive Establishing Criminal Offenses for the Violation of Restrictive Measures

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On April 24, 2024, the European Union (“EU”) officially adopted Directive (EU) 2024/1226 on the definition of criminal offenses and penalties for the violation of Union restrictive measures and amending Directive (EU)...more

K&L Gates LLP

EPA's New Strategic Civil-Criminal Enforcement Policy: Will Enhanced Coordination Lead to More Criminal Enforcement?

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On 17 April 2024, the US Environmental Protection Agency (EPA) issued a new Strategic Civil-Criminal Enforcement Policy designed to improve collaboration between its civil and criminal enforcement offices, with the goal of...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's April 2024 Round-Up

On April 23, the Federal Trade Commission voted 3-2 to adopt a final rule banning noncompete agreements. The FTC defines a "non-compete clause" broadly as a term or condition of employment that prohibits a worker from, or...more

Perkins Coie

AI-Generated Deepfakes and the Emerging Legal Landscape

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As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common. For example,...more

Benesch

White Collar Quarterly Report | Q1 2024

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We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue...more

WilmerHale

Clearing the Air on Criminal Enforcement of Hydrofluorocarbon Importation Laws

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The Biden Administration’s focus on climate change mitigation is showcased in a prosecution recently announced by the U.S. Attorney’s Office, Southern District of Cali- fornia against Michael Hart, who is accused of smuggling...more

Foley & Lardner LLP

States with Pending Legislation to Ban Employee Noncompetes: Maine Poised to be Next State to Enact a Ban

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As we continue to report, noncompete agreements are an area of ever-increasing scrutiny and limitation. Last year we wrote about states with civil and criminal penalties for violations of noncompete law, which is just one...more

The Volkov Law Group

Gunvor Falls Under FCPA Axe and Agrees to Pay Criminal Penalty of $661 Million (Part I of III)

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You have to give the Justice Department credit — after two slow enforcement years, DOJ is starting off 2024 with a relative “bang;” first, DOJ reached a large settlement with SAP in January, and now, DOJ has reached a...more

King & Spalding

Federal District Court in Alabama Declares CTA Unconstitutional; DOJ Appeals to 11th Circuit; FinCEN Requires Continued Compliance

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On March 1, 2024, a federal judge in the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA and its implementing regulations require that...more

Adams and Reese LLP

CTA Update – Where Do We Stand After Alabama District Court Ruling?

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On March 1, 2024, the Northern District of Alabama Northeastern Division, in National Small Business United v. Yellen, No. 5:22-cv-1448 (N.D. Ala.), ruled the Corporate Transparency Act unconstitutional. However, the holding...more

McNees Wallace & Nurick LLC

CTA Here to Stay? Federal District Court Rules Corporate Transparency Act Unconstitutional

Although the Corporate Transparency Act (“CTA”) became effective Jan. 1, 2024, in just two short months, its constitutionality was challenged in the U.S. District Court, Northern District of Alabama’s decision issued on March...more

Kohrman Jackson & Krantz LLP

Federal District Court in Alabama Deems Corporate Transparency Act Unconstitutional

The Corporate Transparency Act (the CTA), which became effective on January 1, 2024, was ruled unconstitutional by the U.S. District Court for the Northern District of Alabama (District Court), in the case styled National...more

Smith Debnam Narron Drake Saintsing & Myers,...

What Small Businesses Need to Know About the Corporate Transparency Act

If you are operating a small business and have not educated yourself about the Corporate Transparency Act (“CTA”) requirements that became effective on January 1, 2024, now would be a good time to pay attention. Knowing the...more

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