News & Analysis as of

Enforcement Guidance Corporate Counsel

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

BakerHostetler on

On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Announces Significant Expansion of ‘Instance-by-Instance’ Citation Policy

Late on January 26, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release concerning a significant change in long-standing policy related to instance-by-instance issuance of citations that will...more

Hogan Lovells

New York City delays enforcement of law on artificial intelligence in employment decisions

Hogan Lovells on

New York City’s new law concerning artificial intelligence in employment decisions will still go into effect on January 1, 2023, but enforcement has been delayed until April 15, 2023. NYC employers subject to the law should...more

Polsinelli

DOJ’s New Settlement Policy Demonstrates Increased Focus on Robust Compliance Programs

Polsinelli on

On Wednesday, Assistant Chief of DOJ Fraud Section’s Corporate Enforcement, Compliance, and Policy Unit, Lauren Kootman, confirmed the Department’s new policy of having chief compliance officers certify settlement agreements...more

Dechert LLP

New Chinese Anti-Bribery Guideline Calls for Blacklisting and Expulsion of Foreign Companies That Pay Bribes in China

Dechert LLP on

Introduction - China’s top anti-corruption watchdogs recently released a new anti-bribery Guideline designed to focus on multi-national corporations and individuals that pay bribes in China, as opposed to bribe recipients,...more

Vinson & Elkins LLP

DOJ Suit to Block Book Publishers’ Merger Indicative of New Antitrust Enforcement Regime’s Priorities

Vinson & Elkins LLP on

On November 2, 2021, the United States Department of Justice (“DOJ”) filed a complaint in the U.S. District Court for the District of Columbia to block the planned $2.175 billion merger between powerhouse publishing companies...more

Bracewell LLP

DOJ's Torpedoes Are in the Water: Be Your Own Monitor, or One will Be Appointed for You

Bracewell LLP on

Last week, at a gathering of the nation’s top white collar criminal defense attorneys in Miami, Florida, Deputy Attorney General Lisa Monaco announced material changes to the way the Department of Justice will investigate,...more

Jones Day

Biden Administration Executive Order Would Expand Regulatory Intervention in Markets Across the Economy

Jones Day on

President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more

Morgan Lewis

What's Ahead for the SEC in 2021

Morgan Lewis on

Morgan Lewis’s 15th annual 2020 Year in Review and a Look Forward provides a comprehensive overview and analysis of key 2020 US Securities and Exchange Commission (SEC) enforcement and examination developments, notable...more

Bennett Jones LLP

Competition Act and Investment Canada Act Review Thresholds Lowered for 2021

Bennett Jones LLP on

The Competition Bureau announced that the 2021 size of transaction pre-merger notification threshold under the Competition Act will decrease to C$93 million from the current threshold of C$96 million. Acquisitions may be...more

Hogan Lovells

The new Brexit deal: tougher times ahead for an already struggling SFO?

Hogan Lovells on

On 24 December 2020, the UK and the EU reached a new Trade and Cooperation Agreement. The deal, which came into force on 1 January 2021, has important implications for white collar crime enforcement across Europe, and in...more

Hogan Lovells

European Union reaches agreement to boost its trade retaliatory powers

Hogan Lovells on

The European Parliament, the European Commission, and the Council of the European Union (EU) reached an agreement on a revised Trade Enforcement Regulation to strengthen the protection of the EU trade interests in World Trade...more

Fisher Phillips

Does Trump’s COVID-19 Case Need To Be Reported To OSHA? What Employers Can Learn From President’s Illness

Fisher Phillips on

President Donald Trump’s recent hospitalization at the Walter Reed Medical Center has captured the American public’s attention, especially given the potential implications with the election less than a month away. But for...more

Littler

OFCCP Releases FAQs on Diversity and Inclusion Executive Order

Littler on

On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released Frequently Asked Questions under the recent Executive Order 13950 regarding diversity and inclusion programs...more

Kelley Drye & Warren LLP

EPA Will Terminate its COVID-19 Enforcement Discretion Policy

The U.S. Environmental Protection Agency (EPA) will terminate its temporary policy regarding the exercise of enforcement discretion during the COVID-19 public health crisis on Monday, August 31, 2020. So, on September 1,...more

K&L Gates LLP

DOJ Releases Its First FCPA Advisory Opinion Since 2014—What You Need to Know About the FCPA Advisory Opinion Process

K&L Gates LLP on

For the first time since 2014, the Department of Justice’s (DOJ) Foreign Corrupt Practices Act (FCPA) Unit has issued an opinion responding to a request for advice on compliance with the anti-bribery provisions of the FCPA. ...more

Polsinelli

A Long Time Coming: DOJ Issues First FCPA Advisory Opinion in Six Years

Polsinelli on

On August 14, 2020, the Department of Justice issued a Foreign Corrupt Practices Act (“FCPA”) Advisory Opinion—the first of its kind in nearly six years. The DOJ’s opinion advised a U.S. investment company that the...more

McDermott Will & Emery

[Webinar] New Steps for Compliance: A Closer Look at DOJ’s Revised Corporate Compliance Guide - June 11th, 12:00 pm - 1:00 pm EST

On June 1, 2020, the Criminal Division of the Department of Justice (DOJ) issued updates to its “Evaluation of Corporate Compliance Program” guidance. This update reflects the agency’s evolving views on compliance program...more

BCLP

To Record or Not To Record, That is the Question: Questions and Answers Regarding U.S. Federal OSHA Recordkeeping and Reporting...

BCLP on

The federal Occupational Safety and Health Act and its implementing regulations require employers to record certain work-related injuries and illnesses. Due to the prevalence of community transmission of COVID-19, deciding...more

Foley & Lardner LLP

COVID-19: Privacy and Cybersecurity Regulatory and Enforcement Guidance (Updated)

Foley & Lardner LLP on

On March 19, 2020, the European Data Protection Board (EDPB) adopted a statement on the processing of personal data in the context of the COVID-19 outbreak. The EDPB made it clear that while the EU’s General Data Protection...more

Nossaman LLP

EPA Announces Temporary Policy Suspending Enforcement of Certain Environmental Compliance Obligations During Coronavirus Pandemic

Nossaman LLP on

On March 26, 2020, EPA announced a temporary enforcement discretion policy to excuse violations of environmental laws in specified circumstances during the coronavirus pandemic. ...more

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

Fenwick & West LLP on

Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

Bass, Berry & Sims PLC

U.S. District Court Deals Rare Defeat to OFAC in U.S. Sanctions Matter

Bass, Berry & Sims PLC on

• $2 million penalty against Exxon overturned • Court concluded that OFAC failed to provide clear notice of violative conduct • Companies are at risk when acting in context of ambiguous agency guidance At the end of...more

Bennett Jones LLP

Defending an Abuse of Dominance Case after the Vancouver Airport Decision

Bennett Jones LLP on

The Competition Tribunal has released extensive reasons for dismissing the abuse of dominance claim brought by Canada's Commissioner of Competition against the Vancouver Airport Authority. For future investigations and...more

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