FCPA Compliance Now Essential for All Companies That Do Business Internationally
U.S. Department of Justice ("DOJ") officials have stated that enforcing the FCPA has become one of the DOJ's top priorities. Since mid-December, companies have paid more than $1.3 billion to settle FCPA charges. Multiple executives have also recently pleaded guilty to FCPA violations and are facing years in prison and/or millions in financial penalties.
Adult Internships
Some people are seeking unpaid internships to obtain on-the-job training in a new industry. While employers may welcome this new trend, it is important to be aware that there are federal regulations governing whether an intern must be paid in accordance with the wage and hour laws that apply to employees of your company. This article briefly examines the applicable test, and discusses some practical tips that may enhance the likelihood that your company's program will pass regulatory muster.
Labor and Employment
Many observers expected the Obama Administration, with the support of Democratic majorities in both houses of Congress, to advocate new legislation and Executive Orders that favored unions and expanded the scope of employment discrimination laws. This article examines Executive Orders that have been signed and proposed legislation that has been introduced since President Obama's inauguration.
D&O Liability
Delaware courts have recently issued decisions that may impact the number and types of claims brought by shareholders of Delaware companies seeking to hold directors and officers personally liable under various claims, in particular in connection with the current economic crisis.
Hotline
Recent rulings of interest.
Changes Coming for Customer Personal Data
Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass such legislation; Michigan is considering similar legislation. This is an area to watch as other states could follow suit.
Voicemail, Web Conferences and Beyond
Corporate counsel must be able to master how audio files operate since they play a pivotal role within the recent court-created electronic data explosion that is electronically stored information ("ESI").
Employers Face High Stakes
With the number of layoffs increasing dramatically, it is no surprise that individual charges of discrimination are ballooning. What may be a surprise to employers, however, is that the EEOC needs only one complainant, or in some instances, a mere suspicion that a discriminatory pattern or practice is occurring, to initiate a company-wide investigation.