Building a Vendor Management Program
In-house counsel are facing a dramatic increase in discovery costs, the associated expenses related to compliance and a growing emphasis on initiatives such as diversity programs within an increasingly challenging economic landscape.
LAW vs. LORE: The Lack of Judicial Precedent in FCPA Cases
The SEC has pursued FCPA enforcement actions against companies that make contributions to charities to curry favor with foreign officials, who oversee awards of government contracts and "hint" that a contribution to such a worthy organization would be welcome.
Issues in Using Unlicensed Photos On Websites
For a long time, people have generally felt it appropriate to go onto various image search engines, find a photo and then cut and paste it into their publication or website. One of the reasons this was so easy to get away with was that there was no effective way for photographers to find unlicensed uses of their work. Of late, however, photographers either have acquired new technology or have engaged search companies that have image-searching technology.
Policies and Procedures As a Basis for Liability
In last month's newsletter, we discussed the fact that, in some jurisdictions, evidence that medical facility policies and/or procedures were not followed may be introduced to show that its medical practitioners did not meet the standard of care. The discussion concludes herein.
Behind the SEC's Recent Crackdown on Compliance Officials
Recent comments by SEC Commissioner Daniel Gallagher were noteworthy for both their candor and the subject he raised. On June 18, he wrote that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firm's compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.
NLRB General Counsel Shines Guideline Light on Employer Work Rules
The NLRB's general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act. The report is relevant to nearly all private employers, regardless of whether they have union-represented employees.
