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OHA Ruling Shows Danger in Proposed SBA Rule

As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses. ...more

SEC Enforcement Gives Employers a Strong Incentive to Clarify That Their Confidentiality Agreements Do Not Preclude Reporting...

The Securities and Exchange Commission? (“SEC”) has resolved its first enforcement action regarding a potentially overreaching confidentiality agreement following the “voluntary” revision of the agreement to state that it...more

Buried in Budget: CBCA Amendments Proposed

The federal government’s recently released 2015 Budget (Budget) indicates that the government will be proposing amendments to the Canada Business Corporations Act (CBCA) relating to gender diversity, director elections,...more

Federal agencies attack employment agreements, and what you can do about it: 8 steps to consider

The US Securities and Exchange Commission recently caused shockwaves when it announced its first enforcement action against a company for using an allegedly improper confidentiality agreement during internal investigations....more

Beware of Confidentiality Agreements with Employees; Make Sure They Don’t Stifle Whistleblowing

On April 1, 2015, the SEC announced its first enforcement action against a company for utilizing language in a confidentiality agreement which could discourage whistleblowing....more

Seller of Business is Special Circumstance That Justified Termination Following Expiration of Contract

When a small business is sold, the purchaser often agrees to hire the former owner. The buyer wants to retain the seller’s expertise and experience, and the salary paid to the seller can make up part of the purchase price....more

Should You Sharpen Your Diversity Policies & Practices under Dodd-Frank Mandates?

The much-publicized Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 became effective on August 12, 2011. Section 342 of the Dodd-Frank Act, requiring the implementation of diversity practices for both...more

In Case You Missed It - Interesting Items for Corporate Counsel - April 2015

We knew someone would do this for us if we just waited long enough. A summary of early trends in proxy access responses suggests most are including the shareholder proposal and recommending a no vote. See here. Only a single...more

How to Conduct Internal Investigations Outside the United States

Think of a U.S.-headquartered multinational when it receives an allegation of serious misconduct at one of its overseas operations. Maybe the company whistleblower hotline just got a tip that a secretary in the Buenos Aires...more

Feb 27th 2015 Legislative Update

The news in Raleigh was dominated by snow and ice and skeleton sessions and empty calendars. However there were a few items of interest: Fee Increases at the Secretary of State’s Office - Secretary of State...more

Weekly Update Newsletter - April 2015

GOVERNMENT CONTRACTS - GSA and HHS Issue a Notice Regarding Conducting a National Dialogue To Reduce Reporting Compliance Costs for Federal Contractors and Grantees - The General Services Administration (GSA)...more

German Parliament Enacts Law on Mandatory Quota for Women’s Representation in Businesses

On March 6, 2015, the German Bundestag passed a law, the so-called “women’s quota” (Frauenquote), which ensures the equal participation of women and men in the management of businesses as well as of public offices....more

Indiana Religious Freedom Restoration Act will not be used as a Tool for Discrimination

On April 2, 2015, the Indiana General Assembly passed, and the Governor signed, an amendment to the controversial new Indiana Religious Freedom Restoration Act ("Indiana RFRA") that explicitly prevents the statute from being...more

It’s Not Boilerplate Anymore: SEC Order Serves as Reminder to Carefully Consider Language Used in Employee Confidentiality...

The Securities and Exchange Commission instituted cease and desist proceedings against KBR, Inc. for the purpose of entering an agreed Cease and Desist Order which is likely to affect the drafting of all confidentiality...more

SEC Brings First Enforcement Action Targeting Language Contained in Confidentiality Agreements

As we reported in a previous post, “SEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing,” the U.S. Securities and Exchange Commission (SEC) has been vocal about its concerns regarding the effects of...more

SEC Sends Message Via Enforcement Action: Don’t Stifle Employee Whistleblowing

US public companies and SEC regulated entities should re-examine their forms and policies. On April 1, 2015, the US Securities and Exchange Commission filed its first whistleblower protection case involving...more

District Judge Rules That Website Must Accommodate the Disabled

Clients who distribute their products or services, in large part, through the use of the Internet should take note of a recent federal court decision under the Americans with Disabilities Act (ADA). If followed in other...more

Act on Equal Participation of Women and Men in Executive Positions in the Private and the Public Sector (Germany) (Aktuelles Zum...

This Client Alert deals with the impact of the German "Act on Equal Participation of Women and Men in Executive Positions in the Private and the Public Sector". The Act was adopted on March 6, 2015 and will come into force in...more

Agencies Set to Release Final Dodd-Frank Diversity and Inclusion Rules

Even almost five years after its enactment, the 2010 Dodd-Frank Act continues to add new features to the legal landscape. The most recent such regulation comes from Section 342 of the Act, entitled “Office of Minority and...more

Weekly Update Newsletter - March 2015 #3

GOVERNMENT CONTRACTS - The Under Secretary of Defense Issues Memorandum Regarding the Appropriate Use of LPTA Source Selection Process and Associated Contract Type - The Under Secretary of Defense for...more

Company Updates Code of Conduct after Ousting CEO for Sexual Harassment

Unethical leadership can be devastating for a company. For a large apparel company, the sexual misconduct of its ex-CEO has it scrambling to repair its image and prove it will no longer tolerate such behavior. The company...more

The Sky Was Falling Legislative Update February 2015

This week in Raleigh the sky was falling! – well it was snowing! The news in Raleigh was dominated by snow and ice and skeleton sessions and empty calendars. However there were a few items of interest: Fee...more

Employee's Case Dismissed After Suing Wrong Employer Defendant

Often times, employees name parent companies and other affiliated entities when suing their employers, seeking to hold responsible anyone and everyone who could possibly be construed to be the "employer" for the purposes of...more

Bundestag verabschiedet Gesetz zur Frauenquote

Gut 100 deutsche Unternehmen haben ab dem kommenden Jahr bei der Besetzung des Aufsichtsrats eine Frauenanteil von 30 Prozent einzuhalten. Wenn die Posten nicht besetzt werden können, müssen sie nach dem heute verabschiedeten...more

February Whistleblower News Digest: Ethical Culture Builds Foundation of Your Whistleblower Hotline Program

Given the popularity of our FCPA Compliance Digest and the abundance of whistleblower-related news, here are the top whistleblower stories for February. Read on to the end for access to an exclusive resource to help you build...more

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