Enforcement Guidance

News & Analysis as of

Lessons from FTC Enforcement Actions

The FTC released a guide for businesses based on lessons learned from the more than 50 reported FTC enforcement actions. This new guide, “Start With Security: A Guide For Business” outlines a general “standard of care” for...more

EEOC Updates Pregnancy Discrimination Guidance

Last week, the EEOC announced an update to its Enforcement Guidance on Pregnancy Discrimination and Related Issues (“Enforcement Guidance”) to reflect the Supreme Court’s recent decision in Young v. UPS. As we blogged...more

EPA Updates Its Audit Policy with "eDisclosure"

On June 10, 2015, the U.S. Environmental Protection Agency hosted a webinar describing a plan to modernize the implementation of its April 11, 2000 Audit Policy. The plan – called eDisclosure – attempts to provide a...more

FCC Releases Enforcement Advisory – Tells Broadband Providers to Take “Reasonable, Good Faith” Steps to Protect Consumer Privacy...

Come June 12, unless stayed by a federal court, broadband Internet service providers will be subject to expanded requirements to protect consumer privacy and new limitations on the use of customer data under the FCC’s recent...more

Digital Advertising Alliance Will Begin Enforcing Its Mobile Privacy Guidance in September

On Thursday, the Digital Advertising Alliance (“DAA”) announced that it will enforce its previously issued “Application of Self-Regulatory Principles to the Mobile Environment” (the “Mobile Guidance”) beginning September 1,...more

“Doc Fix” Bill Mandates Anti-Fraud Enforcement Tools

On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015, better known as the “doc fix” bill, as an attempt to fix the flawed Medicare reimbursement system implemented by the...more

DOJ Criminal Division Chief Provides Guidance on Corporate Charging Decisions

On April 17, 2015, Assistant Attorney General Leslie Caldwell provided helpful guidance regarding the Justice Department’s approach to corporate charging decisions in remarks that she delivered at New York University Law...more

Labor and Employment: The Supreme Court Addresses Pregnancy Accommodations Under Title VII (4/15)

On March 25, the U.S. Supreme Court issued its much anticipated decision in Young v. United Parcel Service, Inc., which centered on whether UPS unlawfully discriminated against a pregnant employee by denying her a light-duty...more

U.S. Supreme Court Ruling Opens the Door to Interpretation of Pregnancy Discrimination Act

The U.S. Supreme Court’s March 25 ruling reviving a pregnancy discrimination suit is important to employers because it opens the door to a broader interpretation of the rights provided under the Pregnancy Discrimination Act...more

Supreme Court Clarifies Framework for Proving Discrimination Under the Pregnancy Discrimination Act

The Supreme Court recently clarified the framework that applies to certain claims for accommodations under the Pregnancy Discrimination Act (the “PDA”). The case, Young v. United Parcel Service, Inc., was a partial victory...more

Supreme Court Clarifies Test for Accommodating Pregnancy Limitations

The United States Supreme Court recently established a new test to evaluate whether an employer discriminates against a pregnant employee under the Pregnancy Discrimination Act (PDA) when it denies an accommodation or...more

Supreme Court Delivers New Life to Pregnancy Discrimination Act Claim

In an eagerly awaited ruling expected to provide greater guidance on an employer’s obligation to accommodate pregnant employees, last week the U.S. Supreme Court established the standard an employee must meet to state a...more

Pregnancy: Employers’ newest “accommodation obligation”

A divided U.S. Supreme Court decided last week that employers covered by the Pregnancy Discrimination Act (part of Title VII) may be required to make reasonable accommodations for work restrictions caused by pregnancy and...more

Supreme Court Crafts Modified McDonnell Douglas Analysis to Handle Pregnancy Discrimination Claims

On March 25, 2015, the Supreme Court of the United States issued a long-awaited decision in Young v. United Parcel Service, Inc., wherein the Court vacated the Fourth Circuit’s decision to affirm UPS’s successful motion for...more

Inside the EEOC’s guidance on pregnancy discrimination

In July 2014, the EEOC issued “Enforcement Guidance: Pregnancy Discrimination and Related Issues,” as well as “Questions and Answers and a Fact Sheet for Small Businesses.” Although the guidance is not the law, it does...more

Managing Risks in Vendor Relationships

For years, banks have relied on third party vendors to provide specialized products or services, or have used outsourcing as a way to reduce internal operating costs. In the wake of the financial crisis, however, regulators...more

HCS: OSHA Publishes Enforcement Guidance for the Hazard Communication Standard

On February 9, 2015, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) published the "Enforcement Guidance for the Hazard Communication Standard's (HCS) June 1, 2015 Effective Date"...more

Title Insurance Regulatory and Legislative Update - February 2015

FEDERAL - New CFPB Compliance Bulletin Impacts Service Providers: The Consumer Finance Protection Bureau (“CFPB”) recently issued Compliance Bulletin 2015-01, which reminds persons subject to the regulatory authority...more

Can Hotels Legally Block Wi-Fi Hot Spots? The FCC Says No, and Fines a Hotel $600,000 For Doing It.

In a public notice issued this week, the Federal Communications Commission (FCC) warned hotels, convention centers and other businesses that it is illegal to willfully block or interfere with their guests’ Wi-Fi hot spots...more

DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions

FCPA Opinion Release provides insight into the jurisdictional reach of the FCPA and the level of due diligence the DOJ expects. On November 7, 2014, the US Department of Justice (DOJ) issued its second and final...more

FAA Ramps Up Drone Ban Enforcement by Enlisting State/Local Police Assistance - FAA Guidance Document Identifies Specific Actions...

The Federal Aviation Administration (FAA) has issued new written guidance that enlists police departments to help enforce the government's ban on the commercial use of unmanned aerial vehicles (UAS) in the national air space....more

Credit Risk Retention Final Rule: Enforcement and Compliance Considerations

Predicting enforcement of the final rule regarding U.S. risk retention is an uncertain task. This OnPoint is designed to provide guidance on possibilities related to consequences of non-compliance, enforcement approaches by...more

DOJ Issues Opinion, Provides (Some) Comfort on Successor Liability

In a recent Opinion Procedure Release (OPR), Number 14-02, the U.S. Department of Justice expressly limited successor liability for a US company purchasing a non-US company that had paid bribes in the past. In so doing, DOJ...more

Pregnancy Discrimination in the Workplace – The Supreme Court Weighs In on Employer’s Duties

In our previous blog post, we discussed and detailed the Pregnancy Discrimination Act and the stringent Enforcement Guidelines distributed by the EEOC this summer. On December 3rd, the United States Supreme Court will hear...more

Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks

I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the...more

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