News & Analysis as of

Personal Liability Enforcement Actions

Orrick, Herrington & Sutcliffe LLP

CFPB requests $43M in restitution and fees from Biden-era enforcement case

On March 13, in a response to a court’s request for additional briefing, the CFPB requested a federal judge to levy $43 million in fines and restitution against the owner of a debt-relief company. The court previously issued...more

Smith Anderson

GDPR Enforcement is Alive and Well - Key Considerations in 2025

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As 2025 progresses, one thing is clear—GDPR enforcement is not slowing down. In fact, regulators across Europe are intensifying their scrutiny, handing out significant fines and even warning executives of potential personal...more

DLA Piper

EU: DLA Piper GDPR Fines and Data Breach Survey: January 2025

DLA Piper on

The seventh annual edition of DLA Piper’s GDPR Fines and Data Breach Survey has revealed another significant year in data privacy enforcement, with an aggregate total of EUR1.2 billion (USD1.26 billion/GBP996 million) in...more

Vinson & Elkins LLP

Failure to Act: SEC Brings Individual Charges Against CFO and Audit Committee Chair in Corporate AI Fraud Case

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On September 16, 2024, the United States Securities and Exchange Commission (“SEC” or the “Commission”) brought charges against Kubient, Inc.’s (“Kubient”) former chairman and chief executive officer (“CEO”) for allegedly...more

Venable LLP

More than Just Mergers: Individual Shareholder Fined Nearly $1 Million for HSR Violation

Venable LLP on

On September 18, 2024, the Federal Trade Commission (FTC) announced that Ryan Cohen, an entrepreneur and the current chairman and CEO of GameStop Corp., has agreed to pay $985,320 to settle charges that his acquisition of...more

Goodwin

SEC Speaks Conference 2024

Goodwin on

The SEC (U.S. Securities and Exchange Commission) recently hosted the 2024 SEC Speaks conference in Washington, DC. During the event, SEC leaders, including the Chair, commissioners, and senior staffers, shared their views...more

BCLP

Caught in the crosshairs: How the PRA’s new Early Account Scheme impacts individuals

BCLP on

The Prudential Regulation Authority (“PRA”) has kicked-off 2024 by crystallising its new approach to enforcement. The key change is the introduction of the Early Account Scheme (“EAS”), which provides a mechanism for the...more

Society of Corporate Compliance and Ethics...

[Webinar] Navigating CCO Liability risks: Tips for staying out of the SEC’s Crosshairs - October 12th, 12:00 pm - 1:30 pm CT

Learning Objectives: - CCO liability can be a complex yet nebulous concept to navigate. Therefore, it’s important to understand how CCO liability is being defined by regulating bodies. - Mitigating the risks of CCO...more

Oberheiden P.C.

OFAC Compliance: Avoiding Common Root Causes of Compliance Policy Breakdowns and Deficiencies

Oberheiden P.C. on

For financial institutions and businesses that are subject to the oversight of the Office of Foreign Assets Control (OFAC), compliance needs to be a priority in 2023. OFAC is playing an increasingly active role in overseeing...more

Latham & Watkins LLP

SEC v. Ripple: A Tale of Two Token Transaction Types

Latham & Watkins LLP on

A bifurcated decision in a highly anticipated digital assets enforcement action may not provide the clarity that market participants want or need. On July 13, 2023, Judge Analisa Torres of the US District Court for the...more

Polsinelli

Regulatory Overreach/Litigation Remedies To Curtail Regulatory Excess by Federal Trade Commission

Polsinelli on

With the rise of large-scale, high-profile data breaches, the Federal Trade Commission has expressed its intent to hold companies accountable. (See “Consumer Financial Protection Circular 2022-04,” Consumer Financial...more

Woodruff Sawyer

CISOs Under the (Liability) Gun

Woodruff Sawyer on

Chief information security officers (CISOs) face an increased likelihood of legal scrutiny after a significant breach. It’s par for the course for CISOs to be scrutinized when security programs don’t hold up under attack—but...more

Holland & Knight LLP

NYDFS Proposes Amendments to Cybersecurity Regulation

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The New York Department of Financial Services (NYDFS) on Nov. 9, 2022, released Proposed Amendments to its Cybersecurity Regulation. The NYDFS Cybersecurity Regulation was one of the first laws requiring companies to comply...more

Eversheds Sutherland (US) LLP

The Chief Compliance Officer Who Wasn’t Framed: Applying the NSCP’s Firm and CCO Liability Framework to an SEC CCO Enforcement...

On June 30, 2022 the Securities and Exchange Commission (SEC) brought a settled enforcement case against a Chief Compliance Officer (CCO) and a Registered Investment Adviser (RIA). At first glance, the case appears...more

BakerHostetler

Roomster Gets a One-Star Review from the FTC and Six States

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​​​​​​​2022 continues to be the Year of the Review for consumer protection law enforcers. We have seen several cases already this year, and the latest suit has the added bonus of the Federal Trade Commission (FTC) teaming up...more

BakerHostetler

Recent Summary Judgment Decision in FleetCor Case Spells Trouble for CEOs and Disclaimers

BakerHostetler on

​​​​​​​A recent federal court decision found that FleetCor, a company that sells fuel card services to businesses, and its CEO had violated the Federal Trade Commission (FTC or Commission) Act through a series of deceptive...more

Dorsey & Whitney LLP

SEC Charges School District, the District’s Former Chief Financial Officer and the District’s Auditor with Violations of Federal...

Dorsey & Whitney LLP on

On March 16, 2022, the Securities and Exchange Commission (“SEC”) entered an order against a school district (Crosby Independent School District (the “District”), located in a suburb of Houston, Texas) and against the...more

Burr & Forman

FINRA Clarifies CCO Supervisory Liability

Burr & Forman on

In the securities industry, regulators like to say that the compliance professionals are their “partners.” But every so often, those regulators charge one of their compliance partners with rule violations. The compliance...more

Kramer Levin Naftalis & Frankel LLP

At White Collar Crime Institute, DOJ Reiterates Focus on Individual Accountability in Corporate Crime Investigations

In their March 3, 2022, speeches to the 37th American Bar Association (ABA) National Institute on White Collar Crime, Attorney General Merrick Garland and Assistant Attorney General Kenneth Polite Jr. both emphasized the...more

American Conference Institute (ACI)

[Event] 10th Edition of Fraud, Asset Tracing & Recovery - January 24th - 25th, Miami, FL

ACI’s and C5’s 10th Edition of Fraud, Asset Tracing & Recovery Miami conference is returning on January 24 – 25, 2022 in person! Deemed as the foremost, can’t-miss event for the Fraud community, it gathers the pre-eminent...more

BakerHostetler

SEC Commissioner Peirce Delivers a Speech on Defining the Parameters of CCO Liability

BakerHostetler on

The question of how to define the parameters of personal liability for compliance officers in the financial services industry has been around for several years. In a 2015 speech, then-SEC Enforcement Director Andrew Ceresney...more

Health Care Compliance Association (HCCA)

Deputy Assistant Attorney General Richard A. Powers remarks on the state of criminal antitrust enforcement

Compliance Today (April 2020) The following are prepared remarks by Deputy Assistant Attorney General Richard A. Powers delivered February 7, 2020. He discussed recent litigation and enforcement actions; however, the...more

King & Spalding

Personal Liability Exposure for Bank Executives and Compliance Officers

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On March 4, 2020, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) announced its assessment of a civil monetary penalty totaling $450,000 against Michael LaFontaine, a former Chief Operational...more

NAVEX

New Report Stirs Old Fears of Compliance Officer Liability

NAVEX on

Everything old is new again eventually. So perhaps it should come as no surprise that compliance officer liability is back in the news. The New York City Bar Association recently released a report warning that compliance...more

Bass, Berry & Sims PLC

DOJ Announces 2019 FCA Recovery, Majority Came from Healthcare Industry

The Department of Justice (DOJ) announced this month that it obtained over $3 billion in settlements and judgments from civil fraud and false claims cases during the fiscal year ending September 30, 2019 (FY 2019). Of this...more

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