Best Management Practices

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Crazy Statistics: Protect Your Company From The 234 Million Dollar Beast with Discrimination and Harassment Training

Do you want to hear some CRAZY numbers? Of course you do, because just like me, you read about harassment and discrimination settlements for fun. (We are weird people, and probably need to take up a different hobby, but I...more

Six Tips for Avoiding Transgender Discrimination in the Workplace

Transgender employees present special concerns for employers when developing and applying personnel policies and procedures, from restroom access issues to preventing discrimination and harassment. Employers who do not...more

How Are You Affected By The Recent Massive Data Breach?

As you have probably seen, it was announced on Tuesday, August 5th, that usernames and passwords from 1.2 billion Internet accounts from over 420,000 websites were stolen by a criminal organization in Russia. According to...more

Building an Anti Corruption Compliance Program Practical Steps 2 18 14, 9 02 AM [Video]

Companies face many risks in the anti-corruption enforcement arena. With the growing globalization of anti-corruption enforcement, companies are responding quickly by enhancing their anti-corruption compliance...more

Internal Investigations: Soup to Nuts (March 13, 2014) [Video]

More and more companies need to conduct internal investigations as an important strategy to protect the company against serious government investigations. Not all internal investigations have to be conducted in the same way....more

Five Most Common Weaknesses in Anti-Corruption Compliance Programs

In this Internet-age of ADHD and simplistic thinking, I thought I would contribute this week by putting together some lists of common themes in the ethics and compliance world. Unfortunately, we are all addicted to quick...more

Controversy Surrounds EEOC’s Pregnancy Discrimination Guidance

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued its controversial Guidance on Pregnancy Discrimination and Related Issues, discussing pregnant employees’ rights under the Pregnancy Discrimination...more

Trade Group Proposes Standards For Private RMBS Market

On August 6, the Structured Finance Industry Group released the first edition of a “comprehensive set of proposed industry standards” to promote growth in the private label RMBS market. The SFIG explains that the project...more

Shareholder-Director Engagement – The Latest Governance Trend?

A few weeks ago several large institutional investors identified as the Shareholder-Director Exchange (SDX) Working Group sent a letter to the lead directors and corporate secretaries of Russell 1000 companies asking them to...more

The “Dirty Dozen”: Top 12 employer harassment mistakes

According to statistics collected by the Equal Employment Opportunity Commission, harassment charges have stayed relatively stable over the past three years, and the number of “cause” determinations has actually declined....more

10 Tips for Preventing Third-Party Harassment and Discrimination

Workplace harassment is a serious issue, whether it involves unwanted sexual advances or derogatory remarks about a person's race or skin color. Employment laws hold employers responsible for ensuring that the workplace is...more

Continuous Improvement Of Your Compliance Program, Part II

Anti-corruption, anti-bribery, anti-money laundering (AML) programs policies and procedures and even export control systems are seemingly in a constant state of evolution. Many companies are struggling with the challenge of...more

The Role of a Chief Compliance Officer: Navigating the Compliance Landscape (March 18, 2014) [Video]

Companies recognize the importance of maintaining effective compliance programs. With the increase in enforcement activity, companies have turned to their Chief Compliance Officers to design and implement effective compliance...more

What to Do When an Investigator Comes Knocking

Our firm has observed a significant uptick in the investigation of government contractors in the last few years. This is driven, in large part, by a political and regulatory environment that assumes fraud, waste and abuse are...more

Bankers Swear To An Ethics Oath; Have They Sworn to Take Ethics and Compliance Training?

My mother enrolled me in Girl Scout Daisies when I was six. It’s an all-girl organization that seeks to help out the community and give back to those less fortunate, and is basically the precursor to becoming a Girl Scout...more

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the...more

"Ban the Box" in San Francisco: Posting, Reporting and Inquiry Rules for Applicants' and Employees' Criminal Histories Take Effect...

Many employers ask job applicants to check a "box" on a job application to disclose criminal history information. As of August 13, 2014, San Francisco will "ban the box" for private and public employers. The City's Board of...more

Employers Should Assess Background Checking Procedures to Avoid Running Afoul of the Fair Credit Reporting Act

There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the...more

Act Now Advisory: Illinois Restricts Employer Inquiries on Criminal Convictions and Adds Pregnancy Protections

A new law that takes effect on January 1, 2015—known as the Job Opportunities for Qualified Applicants Act ("Act")—prohibits an Illinois employer with 15 or more employees from inquiring about or considering an applicant's...more

The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports - Potential Liability For FCRA Non-Compliance - The Swelling Tide Of Class Action Filings - Mitigating Measures -...more

Background Checks: Back to Basics

Recently two federal agencies, the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC), issued joint guidance on job applicant and employee background checks and "What Employers Need to Know."...more

Shuffleboard, Early Bird Specials, and . . . Whistleblowing?

When most employers hear the word “whistleblower,” they think of their current employees and various anti-retaliation laws; however, under the SEC’s “Whistleblower Program,” the “whistleblower” may be a current or former...more

3 keys to preventing problem officers in your ranks

During my 30+ year career in law enforcement, I had the privilege of working with some of the best and brightest investigators in law enforcement. I watched in amazement as crimes were solved and arrests were made by building...more

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of...more

Employment Law Commentary -- Volume 26, Issue 7 July 2014 -- Building A Workforce Culture Of Data Security In The Post-Snowden Era

Last month’s Employment Law Commentary discussed the high level of international attention now being paid to protecting trade secrets from misappropriation, with recommendations for practical steps that companies may take to...more

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