Category: Compliance Regulation

Telefonaktiebolaget LM Ericsson to plead guilty and pay over $206M for FCPA violations

Telefonaktiebolaget LM Ericsson (Ericsson), a multinational telecommunications company headquartered in Stockholm, Sweden, has agreed to plead guilty and pay a criminal penalty of more than $206 million after breaching a 2019 Deferred Prosecution Agreement (DPA). 

TikTok sets new default time limits for minors

TikTok said Wednesday that every account held by a user under the age of 18 will have a default 60-minute daily screen time limit in the coming weeks. The changes arrive during a period in which there are growing concerns among different governments about the app’s security. Families have struggled with limiting the amount of time their children spend on…

KanRus Trading Company Owners Arrested for Illegally Exporting Technology to Russia

Two Kansas men were arrested today on charges related to a years-long scheme to circumvent U.S. export laws that included the illegal export of aviation-related technology to Russia after Russia’s unprovoked invasion of Ukraine on Feb. 24, 2022, and the imposition of stricter restrictions on exports to Russia.

Justice Department Alleges Public Health Endangerment Caused by Denka Performance Elastomer’s Carcinogenic Air Pollution

Today, on behalf of the U.S. Environmental Protection Agency (EPA) and in coordination with the U.S. Attorney’s Office for the Eastern District of Louisiana, the U.S. Department of Justice filed a complaint under Section 303 of the Clean Air Act against Denka Performance Elastomer LLC (Denka) to compel Denka to significantly reduce hazardous chloroprene emissions from its neoprene manufacturing facility in LaPlace, Louisiana.

TikTok banned on all Canadian government mobile devices

Last week, Canada’s federal privacy watchdog and its provincial counterparts in British Columbia, Alberta and Quebec announced an investigation to delve into whether the app complies with Canadian privacy legislation. Canadian Treasury Board President Mona Fortier said the federal government will also block the app from being downloaded on official devices in the future.

Former City of Atlanta Official Jo Ann Macrina Sentenced for Accepting Bribes

According to court documents, Jo Ann Macrina, 66, of Daytona Beach, Florida, served as the Commissioner of Atlanta’s Department of Watershed Management from 2011 through May 2016. During Macrina’s tenure, the City of Atlanta awarded millions of dollars in contracts to an architectural, design, and construction management and services firm based in Atlanta. Macrina took multiple steps to steer lucrative contracts toward the firm’s joint venture. Those actions included casting aside prior final scores ranking potential vendors where the joint venture ranked near the bottom, replacing two evaluators who previously represented the Department of Watershed Management with herself and Macrina’s employee, and scoring the joint venture higher than all other evaluators during a reevaluation.

In exchange for providing the firm’s executive vice president with access to confidential information and preferential treatment on City of Atlanta projects, Macrina was offered a job and accepted things of value. For instance, Macrina accepted $10,000 in cash, a diamond ring, a room at a luxury hotel in Dubai, and landscaping work at her home from the firm’s executive vice president either directly or through another employee of the firm. Shortly after Macrina’s employment with the City of Atlanta ended, she began working for the firm. Between June 2016 and September 2016, the firm and its executive vice president paid Macrina $30,000 in four separate payments.

Two Amazon Marketplace Sellers and Four Companies Plead Guilty to Price Fixing DVDs and Blu-Ray Discs

Two Amazon marketplace sellers and four of their companies have pleaded guilty to price fixing DVDs and Blu Ray Discs. On Feb. 10 in U.S. District Court for the Eastern District of Tennessee, Bruce Fish of Hayfield, Minnesota, along with BDF Enterprises, Inc., a corporate entity owned by Fish, admitted to participating in a conspiracy to fix the prices of…

GoodRx to Pay $1.5 Million in First Ever FTC Health Breach Notification Rule Enforcement Action

On February 1, 2023, the Federal Trade Commission announced that it entered into a proposed order with GoodRx, a telehealth and prescription drug discount provider, for violations of the FTC’s Health Breach Notification Rule stemming from GoodRx’s unauthorized disclosures of consumers’ personal health information to third party advertisers and other companies. This is the first enforcement action taken under the…

FTC Enforcement Action to Bar GoodRx from Sharing Consumers’ Sensitive Health Info for Advertising

  The Federal Trade Commission has taken enforcement action for the first time under its Health Breach Notification Rule against the telehealth and prescription drug discount provider GoodRx Holdings Inc., for failing to notify consumers and others of its unauthorized disclosures of consumers’ personal health information to Facebook, Google, and other companies. In a first-of-its-kind proposed order, filed by the…

Meta Fined €390 Million by Irish DPC for Alleged Breaches of GDPR, Including in Behavioral Advertising Context

On January 4, 2023, the Irish Data Protection Commission (“DPC”) announced the conclusion of two inquiries into the data processing practices of Meta Platforms, Inc. (“Meta”) with respect to the company’s Instagram and Facebook platforms. As a result of the investigations, the DPC fined Meta a combined €390 million for breaches of the EU General Data Protection Regulation (“GDPR”) and,…

Whole Foods Settles BIPA Voiceprint Class Action 

On January 3, 2023, an Illinois state court entered a preliminary approval order for a settlement of nearly $300,000 in a class action lawsuit against Whole Foods for claims that the company violated the Illinois Biometric Information Privacy Act (“BIPA”). The plaintiffs alleged that Whole Foods unlawfully collected voiceprints from employees who worked at the company’s distribution centers.  In the…

Top U.S. court backs WhatsApp suit over Pegasus spyware

The U.S. Supreme Court has rejected a bid by NSO Group to block a WhatsApp lawsuit accusing the Israeli tech firm of allowing mass cyberespionage of journalists and human rights activists. The Supreme Court denied NSO’s plea for legal immunity and ruled that the case, which targets the company’s Pegasus software, can continue in a California federal court, a court…

EU & Ireland: Meta’s legal basis for targeted ads found to breach GDPR

Ireland’s Data Protection Commission (DPC) announced on January 4, 2023, that it has fined Meta a total of €390 million after finding that the company’s Facebook and Instagram platforms lacked proper legal grounds for processing millions of Europeans’ personal data for targeted advertising. In addition to posing challenges for Meta’s business model, the DPC’s two decisions reflect growing disagreement among…

CNIL Fines Apple 8 Million Euros Over Personalized Ads

On December 29, 2022, the French Data Protection Authority (the “CNIL”) announced that it imposed an €8,000,000 fine on Apple for violations of the French rules on targeted advertising and the use of cookies and similar tracking technologies. Background The CNIL received a complaint concerning Apple’s ad personalization practices on the App Store and carried out several investigations between 2021…

Corporate and White-Collar Enforcement in 2023–24

As 2022 comes to a close, is it possible to predict a trend for corporate and white-collar enforcement by the U.S. Department of Justice in 2023? Yes: enforcement will increase in 2023, and it will increase yet more in 2024. Understanding the Department as a dispersed, human institution that responds to incentives explains why.

Honeywell UOP to Pay Over $160 Million to Resolve Foreign Bribery Investigations in U.S. and Brazil

According to the company’s admissions and court documents, between 2010 and 2014, Honeywell UOP conspired to offer an approximately $4 million bribe to a then-high-ranking executive of Petróleo Brasileiro S.A (Petrobras) in Brazil. Specifically, Honeywell UOP offered the bribe to secure improper advantages in order to obtain and retain business from Petrobras in connection with Honeywell UOP’s efforts to win an approximately $425 million contract from Petrobras to design and build an oil refinery called Premium.