Chapter 13<br><b><i><font="-1">Best Practices in Credit Reporting</b></i></font>
There is a new trend emerging in FCRA litigation involving Chapter 13 bankruptcy, under which debtors propose a repayment plan to make installment payments to creditors over three to five years. Increasingly, plaintiffs are filing suit based on certain credit-reporting actions taken (or not taken) during a pending Chapter 13 bankruptcy case, after plan confirmation but prior to the entry of the discharge — when a debtor has met all requirements set by the court.
Do Your Employment Practices Violate Antitrust Law? They Might!
Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the FTC and the DOJ Antitrust Division. The Agencies issued this guidance to remind employers that, like any other market, the job market is subject to antitrust laws.
Beware the W-2 Phishing Scam
In 2016, numerous businesses fell victim to a surge of phishing scams involving W-2 forms. In response, the IRS sent a broad consumer alert regarding these schemes after seeing an approximate 400% surge in phishing and malware attacks during the 2016 season. As the tax filing season ramps up for 2017, we have already seen a number of successful attempts to obtain W-2 forms from unsuspecting employees.
Cybersecurity Insurance<br><b><i><font="-1">Untangling the Mystery</b></i></font>
High-profile breaches have encouraged many businesses to proactively assess their cyber liabilities, and implement prevention and response plans. Fortunately, there are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
The Continuing Evolution of the False Claims Act
The number of lawsuits brought under the False Claims Act continues to increase. In these cases, the United States government is the real party in interest, while individual relators (also known as "whistleblowers") may bring a complaint on behalf of the government.
Using Background Checks to Hire and Retain Employees
The most important tool a hiring manager can use to identify and deliver the best employees is a background check. Such a check may include information from multiple sources, including credit reports, employment verifications and criminal record searches. Most employers use a vendor to access this information, but there are some who engage in these searches and verifications themselves.
DE Chancery Court Strikes Down Fee-Shifting Bylaw
In <i>Solak v. Sarowitz</i>, the Delaware Court of Chancery held that a corporate bylaw ran afoul of 8 Del. C. Section 109(b), as recently amended, where it purported to shift attorney fees and expenses to an unsuccessful stockholder that filed an internal corporate claim outside of the state of Delaware.
Injunction of the DOL's Overtime Rule and Its Appeal
Is the Department of Labor overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political sphere.
