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Labor & Employment Criminal Law

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

The Public Sector Has the Espionage Act, the Private Sector Has Culture

by NAVEX Global on

When it comes to controlling leaks of sensitive information, the government has a huge advantage over private organizations. The federal government can use the Espionage Act to crack down on would-be whistleblowers and has...more

401(k) Plan Sponsor Steals Assets To Support Country Club Life

by Ary Rosenbaum on

One of my favorite lines from Seinfeld is when George Costanza gets a job where Elaine works at Pendant Publishing. He’s fired for having sex in the office with the cleaning woman. George pardons ignorance, asking whether it...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Legal alert - Recent changes to the employment legislation

by Allen & Overy LLP on

Key amendments brought to the Romanian Labour Code on 7 August 2017: - The concept of undeclared labour is specifically defined and new sanctions are introduced in an attempt to reduce the phenomenon of undeclared labour;...more

DOJ Antitrust Corporate Dispositions May Protect Some Culpable Employees

by Jones Day on

Most companies under criminal investigation by the Antitrust Division, U.S. Department of Justice ("DOJ") eventually resolve their liability with the government short of going to trial, either by entering into a corporate...more

Workplace Ethics & Culture: What the Uber Board Report Means for Compliance Officers

by Thomas Fox on

A compliance perspective on one of the most unique corporate documents you will ever see....more

Jones Day’s Review of Business-Related Cases in the Supreme Court’s October Term 2016

by Jones Day on

During what many have labeled a “quiet Term,” the U.S. Supreme Court, working with only eight justices for most of the session, still delivered at least 30 rulings of particular interest to business and industry. These...more

DOJ’s Prosecution Of Health Care Exec Illustrates Unique Intersection Of Securities & Employment Tax Fraud Schemes

by Fox Rothschild LLP on

In a recent criminal prosecution of a medical doctor/entrepreneur for defrauding his company’s shareholders, the government employed a novel theory of securities fraud premised, in part, upon the defendant’s failure to pay...more

Day 14 of One Month to More Effective Internal Controls-What is COSO?

by Thomas Fox on

This week we turn our attention to COSO, with an introduction to the organization and its framework for internal controls. I will go through the internal controls and how they relate to compliance. Finally, I will end with a...more

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most...more

Medicaid Fraud Control Units Report Focus on Personal Care Services

by Ruder Ware on

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) has released a report summarizing activities of State Medicaid Fraud Control Units (MFCUs or Units) for fiscal year 2016. The OIG is the...more

Cardiac Arrest: A CEO’s Story of Criminal Jeopardy

by Zuckerman Spaeder LLP on

When an executive becomes embroiled in a dispute with an employer, the executive tends to take it personally. And when the executive’s conflict is with the government, the executive’s sense of outrage ratchets up even more....more

One Month to Better Investigations and Reporting-Day 10-Best Practices in a Cross-Border Investigation

by Thomas Fox on

Description: Mara Senn and a colleague, Michelle Albert, published in the FCPA Report, Volume 3, Number 1, entitled “Internal Investigations, How to Conduct an Anti-Corruption Investigation: Developing and Implementing the...more

Ontario, Canada: Employer Sentenced to 30 Days in Prison for Non-Payment of Wages

by Littler on

The former owner of two defunct businesses has been sentenced to 30 days in prison for non-payment of more than $125,000 in wages owed to 43 employees. The employer was convicted of failing to comply with an Order to Pay made...more

Day 8 of One Month to Better Investigations and Reporting Day 8-Preparing for the Investigation

by Thomas Fox on

Properly Scoped Investigation by Qualified Personnel – How has the company ensured that the investigations have been properly scoped, and were independent, objective, appropriately conducted, and properly documented? These...more

Day 7 of One Month to Better Investigations and Report-How Investigations Inform Remediation

by Thomas Fox on

There is nothing like an internal whistleblower report about a FCPA violation, the finding of such an issue or (even worse) a subpoena from the DOJ to trigger the Board of Directors and senior management attention to the...more

Compliance into the Weeds-Episode 41, Reality Winner and Internal Controls

by Thomas Fox on

In this episode, Matt Kelly and I take a deep dive into the weeds around the story of Reality Winner, the leaking of the NSA report of Russian hacking of the US Presidential campaign and election. We tie it to internal...more

The Supreme Court - June 5, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: Advocate Health Care Network v. Stapleton, No. 16-74: This case involves whether three church-affiliated nonprofits that run hospitals and offer...more

FCPA Compliance Report-Episode 331, Chris Morton

by Thomas Fox on

In this episode, I visit with Chris Morton, the SVP, Marketing and Corporate Development for Navex, about the firm’s new resource for the Compliance Community, ComplianceNext.com. It is a free, compliance community driven...more

Day 4 Of One Month To Better Investigations And Reporting-Triage Of Allegations

by Thomas Fox on

One of the things that I learned from the television series M*A*S*H was the need for triage. In the hospital setting, triage is the process of determining the priority of patients’ treatments based on the severity of their...more

Day 3 of One Month to Better Investigations and Reporting-the Investigation Protocol

by Thomas Fox on

Your company should have a detailed written procedure for handling any complaint or allegation of bribery or corruption, regardless of the means through which it is communicated. The mechanism could include the internal...more

Day 2 of One Month to Better Investigations and Reporting-Selection of Investigative Counsel

by Thomas Fox on

A key component of this fair and objective evaluation is the WHO question; that is, who should supervise the investigation and who should handle the investigation? You should have independent counsel should handle any serious...more

Duty to set up procedures enabling whistleblowing in France by 1st January 2018: Criminal / Labor consequences

by White & Case LLP on

On 11 December 2016, the law targeting transparency, anti-corruption and the modernization of the economy, also known as "Sapin II", entered into force, creating a new legal framework for defining and protecting...more

This Month in Corruption: Bilking of Disabled Veterans a Notable Low

by PretiFlaherty on

Ex-Cop Guilty of Misusing Funds for Disabled Veterans. On May 16, Glenn P. Pearson, a former sergeant in the Whitman Police Department, pleaded guilty in connection with the misappropriation of funds from accounts owned by...more

Day 1 of One Month to Better Investigations and Reporting-Introduction to Investigations and Internal Reporting

by Thomas Fox on

The call, email or tip comes into your office; an employee reports suspicious activity somewhere across the globe. That activity might well turn into a Foreign Corrupt Practices Act (FCPA) issue for your company. As the Chief...more

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