News & Analysis as of

Documentation

Compliance with Executive Order 13706 – Paid Sick Leave for Federal Contractors

Executive Order (“EO”) 13076, signed by President Barack Obama on September 7, 2015, established paid sick leave for federal contractors. Specifically, this EO requires certain parties that contract with the Federal...more

Tips For Documenting Employee Discipline

Most employment lawyers will tell you that more cases are won and lost due to documentation (or the lack thereof) than any other factor. This is because juries typically will only believe employers if they “put it in...more

Document. Document. Document: A Must In The Employment Context

by Fox Rothschild LLP on

I am sure that a lot employers lost productive work time on June 8, 2017, with the Comey hearing. I must admit that I did not watch the Comey testimony on June 8, 2017. I actually had a busy day and was afraid of getting...more

CCOs: The Importance of Documenting a Compliance Program

by Michael Volkov on

Tom Fox frequently reminds every one of the importance of documentation to the integrity of a compliance program. A compliance program is only as good as the documents show. This principle is especially critical when a...more

Day 5 of One Month to Better Investigations and Reporting-the Board’s Investigation Protocol

by Thomas Fox on

Many companies have an investigation protocol in place when a potential Foreign Corruption Practices Act (FCPA) or other legal issue arises? However, many Boards of Directors do not have the same rigor when it comes to an...more

Day 21 of One Month to Better Compliance Through HR-the HR Gap Analysis for Compliance

by Thomas Fox on

How can you determine if Human Resources (HR) can meet the needs of a best practices compliance program? One place to start is with a gap analysis to determine what HR has in place that can facilitate your company’s...more

EMA public consultation on revised policy on access to documents

by Hogan Lovells on

The EMA has launched a public consultation on its draft new Policy/0043 on access to documents. The document describes the EMA’s approach in balancing public and private interests involved in requests for access to documents...more

When It Comes to Documentation, Smart Companies Behave Like Every Day Is Audit Day

by NAVEX Global on

Audits are part of nearly every ethics and compliance program. They come from the Internal Audit Department, outside auditors testing control systems and processes, and in some cases, government regulators evaluating the...more

Medical Litigation Newsletter - December 2016

by Hinshaw & Culbertson LLP on

Defending Audits Before They Happen: A Practical Guide to Documenting to Sustain A Challenge to E/M Codes - Although many believe malpractice suits to be the primary risk-management issue facing healthcare providers, an...more

11 Traits Of Good Employer Documentation

Last week, I talked about why documentation is so important as part of an employer’s legal defense. Today I’d like to talk about what good documentation should contain. Some of these are so obvious as to be almost...more

Employers, Here’s Why Good Documentation Is Da Bomb.

Documentation. What a pain! You have so many more important things to do. But taking the time to document is a good practice that may save you a lot of grief later. I know that most of you already know what I’m about to...more

Recent Appellate Court Decision Provides Guidance For Investigating Intermittent FMLA Abuse

by SmithAmundsen LLC on

Intermittent FMLA leave can be a source of frustration for employers even when it is used appropriately because it complicates staffing and planning and interrupts business operations. But when an employee’s use of...more

Road Map to Europe II - Bridging the Documentation Gap Between the US and Europe in Venture Capital Transactions

It's a common issue: a US venture capitalist and a European company agree on the commercial terms of an investment transaction and think that the hard work is done but quickly find themselves at an impasse over the way the...more

Terminating the walking dead employee: What would Negan do?

by FordHarrison on

Like many of you, I am still reeling from the brutal season opener of The Walking Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad...more

Hallmark 7-Third-Party Due Diligence and Payments

by Thomas Fox on

There are five steps in the life cycle of third party management. - Business Justification and Business Sponsor; - Questionnaire to Third Party; - Due Diligence on Third Party; - Compliance...more

The Only Thing You Have to Fear . . . Is No Documentation

by Michael Volkov on

Compliance is a profession that requires multi-tasking – another profound grasp of the obvious. But in the multi-tasking world, some principles and strategies are more important than others. My colleague and...more

Timely Documentation is Critical

In a recent decision by the Armed Services Board of Contract Appeals, Dick Pacific Construction Co., Ltd., ASBCA No. 57675 et. al., decided on December 15, 2015, the Board repeated something that has been said many times...more

Legal Risks Facing Nursing Home Providers and Reducing Risk with Clinical Documentation

by Jackson Walker on

Documentation in Electronic Health Records: - Nursing homes lag behind other providers in electronic health record system adoption - Of 472 nursing homes in New York, there was a 7.7 percent increase in EHR adoption...more

OIG Calls for Stronger HIPAA Compliance Efforts

by Reed Smith on

The OIG has issued two reports calling for stronger ONC oversight of covered entity compliance with HIPAA standards. In the first report, “OCR Should Strengthen Its Oversight of Covered Entities’ Compliance with the HIPAA...more

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

by Morgan Lewis on

THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Just in Time for the Phase II Audits: OIG Criticizes OCR’s Enforcement Efforts

As HIPAA-regulated entities anxiously await the commencement of the Phase II HIPAA audit program, the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) has issued a report critical of...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

by Morgan Lewis on

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

by Foley & Lardner LLP on

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more

European M+A News, Summer 2015

by Morrison & Foerster LLP on

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks

by Hinshaw & Culbertson LLP on

We don't think about personnel files – we just have them. Everything from employment applications to benefits enrollment forms to discipline and discharge documents goes into those files. But did you know that the EEOC...more

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