Category: Case Insights
What Companies Should Know About NYC’s $131.5 Million Delivery Worker Settlement
New York City’s recently announced $131.5 million settlement with a major delivery platform is significant for both its size and what it reveals about the Department of Consumer and Worker Protection’s (DCWP) emergence as a consequential enforcement agency. The September 2026 settlement resolved DCWP’s allegations that certain delivery workers were […]
Supreme Court Rejects Investor Loss Requirement for SEC Disgorgement
On June 4, 2026, the US Supreme Court held that the Securities and Exchange Commission (SEC) need not prove that investors suffered actual financial loss to obtain disgorgement in a civil action. In a unanimous opinion authored by Justice Neil Gorsuch, Sripetch v. SEC, the Court reached this conclusion by […]
Protecting Grand Jury Materials From FOIA: Lessons From the Ninth Circuit’s Kalbers Decision
The US Court of Appeals for the Ninth Circuit’s recent decision in Kalbers v. DOJ confirms that documents produced solely in response to a grand jury subpoena are protected from disclosure under the Freedom of Information Act (FOIA). The ruling underscores how companies and counsel can preserve the confidentiality of documents by […]
SEC in the Courts: SCOTUS to Review Disgorgement Powers (Again), District Court Upholds Follow-On Administrative Proceedings
2026 is off to a rousing start for the US Securities and Exchange Commission (SEC), with two notable developments related to the agency’s civil enforcement authority. On January 8, the SEC won a constitutional challenge to its ability to seek industry bans through a follow-on administrative proceeding.[1] This is the […]
Sixth Circuit Shields Internal Investigation Materials From Discovery
In a closely watched case, the US Court of Appeals for the Sixth Circuit recently took a significant step to protect the attorney-client privilege over materials produced during internal investigations by companies. On August 7, 2025, the Sixth Circuit stayed a district court order compelling production of documents generated by […]
First-Ever Sentencing of Corporate Executives for Failure to Report Under Consumer Product Safety Act
As we previously reported, in November 2023, two corporate executives were convicted of conspiracy and failure to report defective dehumidifiers in violation of the Consumer Product Safety Act (CPSA). This groundbreaking prosecution was the first-ever criminal conviction of corporate executives for failure to report under the CPSA. On June 16, […]
US Supreme Court Upholds Wire Fraud Convictions, Says Economic Loss Not Required
When an executive learns that she is being investigated for fraud, her first reaction often is: “But I didn’t intend for anyone to lose money!” This entirely understandable response may well be true (and lead the executive to feel that a prosecution is unwarranted), but the US Supreme Court recently […]
Compliance Implications for Healthcare Companies Post-First Circuit Decision
The US Court of Appeals for the First Circuit’s landmark decision in United States v. Regeneron Pharmaceuticals will have some implications for healthcare compliance and defense strategies. In the case, the First Circuit adopted the more stringent “but-for” causation standard for claims under the False Claims Act (FCA) predicated on violations of […]
Complaint Against Uniform Company for Customs Duties Underpayment Highlights False Claims Act Risks for Tariff Compliance
As we discussed in this April 7 blog post, the US Department of Justice (DOJ) can pursue civil penalties for tariff evasion under the False Claims Act (FCA), including against companies that are aware of tariff evasion by their supply chain partners. The FCA risks are significant not only due […]
Fourth Circuit Ruling Guts the Practice of Medicine Defense in FDA Cases
Last week, the US Court of Appeals for the Fourth Circuit in United States v. Jackson1 upheld a doctor’s conviction under Section 301(k) of the Federal Food, Drug, and Cosmetic Act (FDCA), 21 USC § 331(k) (Section 301(k)), for a four-year, $4.7 million Medicare fraud scheme involving repeated use of surgical devices […]