Asset Management Firm Pays $12 Million in Settlement of SEC Conflict of...
The United States Securities and Exchange Commission (SEC) is showing new vigor in enforcing conflict of interest cases within asset management firms. Earlier this year, an SEC spokeswoman mentioned...
View ArticleEEOC Victory Reversed for Improper Direct Threat Standard
The Equal Employment Opportunity Commission (EEOC) recently experienced a particularly painful loss, as a former “win” was reversed. In March, the 10th District Court of Appeals ruled that an EEOC...
View ArticleTax Preparation Company Sued For Failing to Prevent Fraud
A major tax preparation company was in a great deal of hot water over fraud issues this past tax season. And now, to make matters worse for the company, it appears to be facing multiple class action...
View ArticleReligious Accommodation Claim Depends on Definition of “Religion”
Every year, the Equal Employment Opportunity Commission (EEOC) files numerous religious accommodation claims on behalf of employees, pursuant to Title VII of the Civil Rights Act of 1969 (Title VII)....
View ArticleEEOC releases proposed rule on employee wellness programs
On April 16, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) setting forth the commission’s interpretation of how Title I of the Americans with...
View ArticleSEC’s Division of Investment Management issues new Cybersecurity Guidance
There’s certainly no shortage of media attention on data security breaches lately, and there’s a good reason for that: such breaches are at an all-time high. Against this backdrop of the...
View ArticleAsking Supervisor to Stop Harassment Qualifies as Protected Activity Under...
A recent Sixth Circuit Court of Appeals ruling may concern employers, since it gives a broad definition to Title VII retaliation claims. On April 22, the court of appeals affirmed the trial court in...
View ArticleData Breach Increases Show Importance of Data Security Compliance in Business...
Data breaches have seen a lot of media attention in the past year, but that should come as no surprise since 2014 was a record year for them. According to a report by the Identity Theft Resource...
View ArticleInsights for Improving Conflict Minerals Compliance
As the annual May 31 deadline falls on a Sunday this year, companies must file their Conflict Minerals disclosures under Section 1502 of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection...
View ArticleDOJ Raises the Bar for Cooperation Credit
The Department of Justice (DOJ) has always made it clear that it values companies’ cooperation with investigations, and that willing cooperation on the part of a corporation can be a mitigating factor...
View ArticleU.S. Forces FIFA to Face Corruption Charges
Allegations of corruption involving FIFA, the international ruling body for football — more commonly known as soccer in the U.S. — reached a boiling point last week when the U.S. Department of Justice...
View ArticleMajor Telecom Company Settles with FCC for $25 Million over Data Breach
The Federal Communications Commission (FCC) recently resolved its largest data security action, resulting in a $25 million settlement. Information security and consumer privacy are hot topics as of...
View ArticleTemporal Gap Does Not Necessarily Preclude Retaliation Claim
While the adage "time heals all wounds" may apply to many situations, it is not always true with respect to claims of unlawful retaliation. According to several recent court decisions, a plaintiff can...
View ArticleMental Health Awareness: A Reminder to Maintain Sensitive and Compliant Policies
With one in five Americans currently dealing with mental health issues and about half of Americans suffering from a diagnosable mental health condition within their lifetime, this is a topic which...
View ArticleEEOC Roundup: April 2015
Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy),...
View ArticleSurvey Finds Companies More Prepared to Combat Global Corruption
The international community has made significant strides in combating corruption, with a proliferation of anti-bribery laws putting companies under pressure to ensure they — and their business partners...
View ArticleSEC Sues For-profit College Over Alleged Loan Fraud
A major for-profit education corporation is facing a lawsuit from the U.S. Securities and Exchange Commission (SEC) because of allegedly fraudulent activity by the company’s chief executive officer and...
View ArticleFourth Circuit Lowers Bar for Employees in Title VII Retaliation Claims
The case involved an African American cocktail waitress who claimed she was called a “porch monkey” by another employee twice within a 24 hour period. Shortly after reporting the incidents, her...
View ArticleCity Settles With DOJ Over Extreme Sexual Harassment Claims
Settlement is often the prudent choice when the odds seem stacked against you, and that may be the case for a city which recently settled with the U.S. Department of Justice (DOJ). The DOJ alleged...
View ArticleCommission-Based Salaries Require Careful Attention to FLSA Compliance
The FLSA requires employers pay employees the minimum wage, as well as overtime at 1.5 times the employee’s regular rate of pay, to those who work more than 40 hours in a workweek. These requirements...
View ArticleFATCA: Making First Submissions and Maintaining Compliance
While the Foreign Account Tax Compliance Act (FATCA) became law in 2010, it has been slowly transitioning to implementation, with 2015 being the first year of required reportings. For anyone not...
View ArticleThe Legal Risk of Recruiting “Digital Natives”
Most employers are aware that the Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against people age 40 and older, but how age discrimination may occur in practice is...
View ArticleIRS Data Breach Highlights the Growing Threat of Cybercrime
On May 26, 2015, the IRS announced that hackers had gained access to over 100,000 tax accounts. The data breach involved the “Get Transcript” application, which allows individuals to request...
View ArticleStaffing Company Reaches Agreement with EEOC over “Alarming” Allegations
After a four-year legal battle, a Chicago-area staffing company has reached an agreement with the Equal Employment Opportunity Commission (EEOC) over two separate discrimination suits, alleging...
View ArticleMinimizing Losses Through Business Continuity Planning
Economists have estimated that the blizzard that essentially shut down New York City this past January cost the U.S. more than a billion dollars. These losses come from a variety of sources, including...
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