Best Management Practices

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Daddy Dearest?: Some Considerations Concerning Paid Parental Leave for Fathers in the United States

Recently I had a conversation with my father about his options for parental leave when I was born (1979). As a new father myself, I was curious what leave options were open to baby-boomer Dads. My father told me that it was...more

How To Integrate E-Discovery Into Business Processes In Five Steps

With little notice, compliance officers, in-house counsel, and other legal professionals for organizations in the oil and gas industry may be required to hand over sensitive files in response to compliance, regulatory, or...more

Employment Law Summer Recap 2014: Part 3 of 11 – The Decision 2.0: This Time, LeBron Leaves the Right Way; Will Your Employees?

While it seems like it happened forever ago, it was just back in July when LeBron James once again held this nation captive over where he would play basketball. ...more

Information Security Training Master Class: Winning the Battle Against Data Breaches, Malicious and Negligent Employees, and...

Disclaimer: I am a crazy person. I read over 50 articles before I wrote this (WHO DOES THAT) and I’m not even sure how I got so sucked in. In short, information security is a big deal right now – and there are tons of ways to...more

FCPA Compliance and Ethics Report-Episode 88, Internal Controls for Third Parties Under the FCPA, Part I [Video]

In this episode 88 of the FCPA Compliance and Ethics Report, I visit with noted internal controls expert Henry Mixon on the types of internal controls needed for third parties in a FCPA compliance program. ...more

CIOs Spur Revenue Generation Through Smart Cybersecurity

Today as companies increasingly realize the value of strong cybersecurity, those CIOs who successfully implement an effective cybersecurity system should be viewed as a critical part of the revenue generation effort. An...more

Contingent Workers . . . From An ERISA Perspective

The Issue: Companies often divide their workers into a variety of categories . . . agency employees, temporary employees, provisional employees, independent contractors, and so on. Unfortunately, many companies believe that...more

Employer Rejects Employee's Fitness for Duty Certification, Faces FMLA Liability

The story is for all you hunt and peck typists out there. But its message is a lesson for all employers when it comes to returning your employee from FMLA leave....more

Fifth Commandment of Government Contractors: Thou shalt document thy actions

When Congress was contemplating the passage of the Federal Acquisition Streamlining Act of 1994 (FASA), and its companion statute, the Federal Acquisition Reform Act of 1995 (FARA), many pundits predicted that their enactment...more

Protecting Internal Investigations from Disclosure: Suggested Best Practices

A recent case out of the D.C. Circuit highlights some best practices that can boost the odds that the attorney-client and work product protections will shield internal investigation records. Although not precedential outside...more

Discrimination and Harassment Training A Necessity In Male Dominated Industries

If you have ever seen Parks and Recreation, a TV show featuring a cast of funny all-stars such as Amy Poehler and Rashida Jones, then you might be familiar with one episode where Leslie Knope (Poehler) decides it’s time to...more

Cybersecurity Concerns Underpin Continued Push In The Regulatory And Legal Arenas

While Congress continues its aggressive push on cybersecurity legislation, regulatory oversight and legal efforts continue across the spectrum of industries effectively filling the gap in addressing now every day concerns...more

“Wage Theft” – New Name, Same Concern

“Wage theft” is becoming a popular phrase in the media. A New York Times article recently announced that “More Workers Are Claiming ‘Wage Theft.’” Other news outlets are using the phrase to describe lawsuits brought by...more

Employment Law Commentary -- Volume 26, Issue 8 -- August 2014: The Death of Courtesy And Civility Under The National Labor...

In January 2013, we reported on the increasing focus of the National Labor Relations Board (NLRB or the “Board”) on employer policies and rules in non-unionized workplaces. The NLRB has continued in full force, creating more...more

Corporate Responses to Investigative Requests by the Federal Government

In light of these new realities corporations face, the first step a company should take is to establish internal guidelines addressing interaction with government agents. Companies should have a response policy in place and...more

Hierarchy of Needs And The Need For Code of Conduct Training, Discrimination and Harassment Training, Workplace Violence...

While I was a student at Auburn University I took a psychology class. During the class we learned about Maslow’s Hierarchy of Needs. Abraham Maslow was an American psychologist who wanted to understand what motivates people’s...more

Language as a Long Term Compliance Strategy

I constantly rely on Jay Rosen and his team at Merrill Brink for translation and other language related services in the compliance portion of my work. (Yes I do practice law and compliance for a living; I blog for gratis.) ...more

Misplaced Confidence in Ethics & Compliance Training Program Effectiveness? Survey Shows Startling Disconnect

When respondents to the NAVEX Global 2014 Ethics & Compliance Training Benchmark Survey were asked whether each employee in their organization received the ethics and compliance training they need, 75 percent either “agreed”...more

Corruption, Risk and Business Strategy. Which one manages the others?

Since I stared writing about issues relating to compliance at the front line of international business, I have found myself looking more and more at the role of business strategy as a significant foundation of anti-bribery...more

Health Care Providers: Five Actions to Help You Avoid Qui Tam Lawsuits

2013 proved to be another record-setting year for False Claims Act lawsuits, the largest of these recoveries related to health care fraud. The Department of Justice (“DOJ”) secured $3.8 billion from False Claims Act...more

Spin Sucks-Communications Tips for the Compliance Professional

One of my favorite social media acquaintances is Gini Dietrich, the founder and Chief Executive Officer (CEO) of Arment Dietrich Inc. Not only does she bring one of the freshest voices to what might arguably be called ‘one of...more

Are You Using Skewed Data to Benchmark Your Ethics & Compliance Hotline?

Benchmarking your hotline compliance data against best practices and peer data is an important part of assessing the health of your company’s culture. But not all industry benchmarks are created equal....more

Information Governance: On-the-Ground Perspectives and Practical Guidance

“Information Governance is: The activities and technologies that organizations employ to maximize the value of their information while minimizing associated risks and costs.” – Information Governance Initiative Annual Report ...more

How to deter American spies using typewriters and classical music

Here’s an interesting story. According to recent news, politicians in Germany are considering using manual typewriters and blasting classical music during their discussions about American intelligence in order to...more

Trade Secrets – Protecting the (Corporate) Family Jewels

Disputes regarding trade secrets and corporate espionage are becoming perpetual fixtures in the news. One of the most common scenarios is that a key employee departs to join a competitor and his or her former employer quickly...more

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