News & Analysis as of

Human Resources Professionals Department of Justice (DOJ)

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – February 2024

PilieroMazza PLLC on

Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process - The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business...more

Axinn, Veltrop & Harkrider LLP

Ending Where It Began?: DOJ No-Poach Prosecutions Take Another Hit

The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

Manatt, Phelps & Phillips, LLP

Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust Liability, Says 7th Circuit

Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division....more

Wilson Sonsini Goodrich & Rosati

DOJ Sues SpaceX in Continuing Campaign Against Use of Export Controls to Justify Employment Discrimination

On August 24, 2023, the U.S. Department of Justice (DOJ) filed a complaint against Space Exploration Technologies Corporation (SpaceX) for its alleged violations of the Immigration and Nationality Act’s (INA) prohibition on...more

Morgan Lewis

Data Protection and HR Considerations in China for Technology Companies

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From educational backgrounds to medical and bank account information, the collection of personal data is often required by human resources (HR) departments. As the data protection regime in China continues to evolve, so too...more

Lowenstein Sandler LLP

Trade Matters -Lowenstein Sandler's Global Trade & National Security Newsletter - June 2023

Lowenstein Sandler LLP on

Crypto Asset Company Settles Sanctions Violations for $7.5 million- On May 1, the U.S. Department of Foreign Assets Control (OFAC) announced a $7.5 million settlement with crypto asset company Poloniex LLC for 65,942 apparent...more

Gould + Ratner LLP

Using AI in Human Resources: The Legal Landscape

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In Part I of this three -part series on artificial intelligence (AI) in the workplace, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In this Part II, we explore legal...more

Dorsey & Whitney LLP

EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace

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It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace...more

Epstein Becker & Green

DOJ Fails Again in a No-Poach Prosecution

A Ruling and Order issued on April 28, 2023 by the U.S. District Court for the District of Connecticut in United States v. Patel, et al. ran the government’s losing streak to four failed trials seeking to criminally prosecute...more

Wilson Sonsini Goodrich & Rosati

Court Dismisses DOJ’s Latest “No-Poach” Case Before Jury Deliberations

In another blow to the U.S. Department of Justice’s (DOJ’s) efforts to criminalize “no-poach” and “wage-fixing” agreements, a federal judge terminated the DOJ’s latest “no-poach” case mid-trial before jury deliberations....more

K&L Gates LLP

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

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Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

Thomas Fox - Compliance Evangelist

Corruption, Crime and Compliance - DOJ Mandates Increased HR and Compliance Cooperation

The relationship between compliance and HR can make or break a company’s culture of ethics and integrity. The DOJ’s revised Evaluation of Corporate Compliance Program requirements pushes for greater cooperation and...more

Lowenstein Sandler LLP

Is It Still Safe To Exchange Wage and Other Compensation-Related Information?

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Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more

The Volkov Law Group

DOJ’s New Compliance Requirements Mandate Increased Compliance and HR Cooperation (Part I of II)

The Volkov Law Group on

The Justice Department is now taking on the role of marriage counselor.  Not with individual couples, but with a critical corporate relationship – ethics and compliance and human resources.  Normally, compliance and HR is a...more

The Volkov Law Group

DOJ Issues Revised Corporate Compliance Guidance: Consequence Management, Clawbacks and Human Resource Cooperation (Part I of III)

The Volkov Law Group on

The Justice Department is rapidly pushing corporations to a new level of compliance.  We are witnessing a watershed moment – DOJ is raising the bar on expectations surrounding corporate compliance programs.  It would be a...more

McDermott Will & Emery

[Webinar] 2023 Enforcement Outlook Series: Protecting Your Business Against Non-Compliance and DOJ Penalties - March 23rd, 12:00...

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During speeches earlier this month, Deputy Attorney General Lisa Monaco and Assistant Attorney General for the Criminal Division Kenneth A. Polite, Jr. announced significant changes to the way DOJ evaluates corporate...more

Fisher Phillips

Federal Prosecutors Offer Incentives to Self-Report Workplace Misconduct: Some Practical Tips and Reminders for Employers

Fisher Phillips on

Federal prosecutors recently outlined a new approach to the way they treat criminal corporate misconduct – including offering some enticing incentives to corporate leaders for self-reporting potential violations. What does...more

Wilson Sonsini Goodrich & Rosati

DOJ Secures First Criminal Guilty Plea in a No-Poach Case

Nearly six years after the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) put human resource executives and their companies on notice that no-poach and wage-fixing agreements would be subject to...more

Epstein Becker & Green

FTC Reaches Agreement with NLRB to Further Protect Labor Markets

Epstein Becker & Green on

The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets. From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and...more

Fisher Phillips

Feds on Verge of First-Ever Successful Criminal Prosecution in Workplace Antitrust Action: 6 Compliance Tips for Employers

Fisher Phillips on

The U.S. Department of Justice appears to be close to reaching a plea deal that would result in the nation’s first-ever successful criminal prosecution of a workplace-related antitrust matter – and it should send a clear...more

DirectEmployers Association

DE Under 3: USDOJ’s Settlement Affecting Recruiters, OFCCP’s AAP Verification Deadline Extension & SCOTUS’ New Ruling

Lots to recap from the latest OFCCP Week in Review, including the USDOJ’s settlement of discrimination claims against 16 employers (and what this means for recruiters moving forward!), OFCCP’s quiet extension of the AAP...more

DirectEmployers Association

OFCCP Week In Review: July 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney

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For this very special 100th episode of Taking the Pulse, we're joined by Nexsen Pruet attorney Marguerite Willis. Marguerite is a highly experienced litigator, and was featured on the cover of the latest Super Lawyers...more

Fisher Phillips

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

Fisher Phillips on

Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more

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