Audits

News & Analysis as of

The Three Lines of Compliance Offense Versus The Three Lines of Compliance Defense

People crave simple solutions to complex problems. No, this is not a political statement, nor do I intend to wade into politics. This statement applies across the board – to business, compliance, government, and other...more

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules...more

IRS to Begin New Procedure for Initiating Tax-Exempt Bond Audits

In late 2016, the IRS Tax-Exempt and Government Entities Division (“TE/GE”) released a memorandum to its examiners outlining a new procedure for initiating audits of tax-exempt bonds. The Commissioner of TE/GE recently noted...more

Use It or Lose It: USPTO to Conduct Post-Registration Trademark Use Audits

Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more

BRN Sunset Report Criticizes Enforcement Process, Treatment of Nurse-Midwives

The California Board of Registered Nursing (BRN) received a negative evaluation of its enforcement program in the most recent sunset review. The sunset review included a performance audit by the California State Auditor due...more

USPTO launches new proof of use audit program

The United States Patent and Trademark Office (USPTO) has launched a new program that will require some trademark owners to submit more “specimens” (i.e., proof of use) and information than was required in the past. As a...more

It’s OFCCP Audit Time! Six Questions Contractors Should Ask Themselves

Starting February 17, the Office of Federal Contract Compliance Programs began mailing Corporate Scheduling Announcement Letters to approximately 800 contractor establishments. CSALs are notices sent to contractors advising...more

Audit Letters Are In The Mail

As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters initiating audits....more

Alert: Trademark Owners Beware: The U.S. Trademark Office Has A New Audit Program

If your company has trademarks that are registered with the U.S. Patent and Trademark Office (PTO), a new audit program can put your registrations at risk if you are not careful....more

Germany: Termination for Breach of US Regulatory Rules Not Permissible, European Labour & Employment Update

The New York State Department of Financial Services ("NYDFS") required Commerzbank to terminate the employment of a Germany-based employee on the basis that he played "a central role" in the breaching of US sanctions...more

Saudi Arabia Approves New Corporate Governance Regulations

The publication of the Regulations is driven by the continued effort to attract additional foreign investment into the Kingdom and to harmonize the CMA’s own rules with those of the newly revised Companies Law2, as overseen...more

Construction One-Minute Read: Trump Administration Increases Resources to Crack Down on Employers for I-9 Compliance

As part of his first-week initiatives, President Trump turned his focus toward immigration. These initiatives included dramatically expanding the resources of the U.S. Department of Homeland Security’s Immigration and Customs...more

Tax Update, Volume 2017, Issue 2

THE NEW REGULATIONS EXPAND THE FILING REQUIREMENTS FOR FORM 5472 TO INCLUDE DISREGARDED ENTITIES WITH FOREIGN OWNERS WHEN THERE ARE CERTAIN REPORTABLE TRANSACTIONS. If a non-U.S. person (individual or corporation)...more

EDRM Releases New Security Questionnaire: eDiscovery Trends

As promised when they announced the project last August, EDRM announced last week the release of a new Security Audit Questionnaire, which is designed to be a practical tool for evaluating the security capabilities of...more

Temple-Inland Decision Leads to Proposed Delaware Escheat Reform Legislation: Tax Update Volume 2017, Issue 2

The proposed reforms are a welcome change, specifically as they relate to lookback periods, electronic filing and limited compliance reviews. As a result of what some might view as a scathing decision by the U.S....more

Charitable Contributions: Acknowledgements, Appraisals and the IRS's Strict Rules: Tax Update, Volume 2017, Issue 2

Tax season has begun, and it is crucial for any taxpayer claiming a charitable contribution deduction to be aware of the acknowledgment rules. Before the taxpayer files a tax return claiming a charitable deduction of $250 or...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Audit Regulators in Australia and in Luxembourg Enter Into Cooperative Agreement - The Australian Securities and Investments Commission and Luxembourg’s Commission de Surveillance du Secteur Financier (“CSSF”) have...more

Creation of Roundabout and Operationalization of Compliance

Readers of this blog know of my love for progressive rock music and that my favorite prog rock group is Yes. You might understand how thrilled I was when the Wall Street Journal (WSJ), of all places, ran an interview with...more

Attempt to Block Unclaimed Property Gift-Card Audit Again Rejected by Delaware Federal Court

Marking its second decision on the issue, the Delaware federal district court has held that the U.S. Supreme Court’s priority rules governing the distribution of unclaimed property among competing states do not apply to...more

Top 20 Immigration Compliance Tips For Hospitality Employers

Recent events have made clear that immigration compliance will be a main focus for the Trump administration. The hospitality industry has always been a target for such investigations and we expect the scrutiny to increase in...more

The I-9: How Much Trouble Can One Piece Of Paper Cause?

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with...more

OFCCP Revises Pay Transparency Nondiscrimination Provision

Pursuant to President Obama’s pay transparency executive order (Executive Order 13665), which amended Executive Order 11246, federal contractors must incorporate the OFCCP-prescribed Pay Transparency Nondiscrimination...more

You've Got Mail – Letters Mailed to Selected Federal Contractors About Impending OFCCP Audit

On February 17, 2017, the U.S. Department of Labor’s Office of Federal Contract Compliance Program (OFCCP) sent its first release of Corporate Scheduling Announcement Letters (CSALs) for FY 2017. The CSALs provide a courtesy...more

DOJ Compliance Expectations Concerning Training, Internal Investigations and Audits (Part IV of IV)

DOJ’s Compliance Evaluation questions provide important indications of “new” trends and approaches to compliance functions and issues. Training - In the area of training, DOJ’s Compliance Evaluation reiterates DOJ’s...more

Top 10 Tips – Contractual Audits

Audit provisions are very commonly found in commercial contracts, especially those which involve payment of a licence fee or royalty. They are often not the clauses which attract the most attention during contract...more

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