Law360, New York ( January 12, 2016, 2:25 PM EST) -- It is a truism that much regulatory enforcement activity takes place outside of formal proceedings. Regulated entities often settle enforcement disputes to avoid litigation costs, even when they have serious questions about the legality of the agency's position. Strengthening the agency's hand in those situations are statutes that authorize imposition of daily penalties for "continuing violations," i.e., violations that have yet to be remedied. Parties that decline to settle early run the risk of rapidly escalating penalty maximums. To make matters worse, various legal doctrines, such as exhaustion of administrative remedies, bar lawsuits brought by regulated parties to challenge the agency's legal position before enforcement proceedings run their course....
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