Third-Party Agents

News & Analysis as of

The New Paradigm in Vendor Management Under the CFPB

This past July marked the fifth anniversary of the creation of the Consumer Financial Protection Bureau (CFPB), a period marked by sweeping changes to the regulatory and administrative environment in which financial...more

ISSA adopts securities custody and settlement financial crime principles

ISSA has adopted a set of financial crime compliance principles which aim to support the efforts of the global community of securities custodians and intermediaries to address the critical challenges posed by financial crime....more

Corruption Risks in Brazil: Ensuring Compliance with the FCPA & BCCA

Brazil is one of the hardest places in the world to do business – the World Bank Doing Business Report 2014 ranked Brazil 116 out of 183 for overall “ease of doing business.” In this on-demand webinar, Matteson Ellis of...more

NY Amends Debt Collection Regulations, Issues More Guidance

The New York Department of Financial Services (DFS) has amended several provisions of its Third-Party Debt Collector and Debt Buyer Regulations and issued additional guidance in the form of new frequently asked questions...more

Social networking service, MeetMe, Inc., settles minors’ privacy violations for $200,000

On August 19, 2015, MeetMe, Inc. (MeetMe), a social networking website and mobile app, agreed to pay $200,000 and to change its privacy policies to settle a lawsuit alleging that MeetMe distributed teenagers’ geolocation and...more

D.C. Circuit Reinstates Home Health Care Regulations

Earlier this year, we brought news that the DOL had revised its regulations applicable to home health care workers. Those regulations, which related to domestic workers who provide “companionship services,” narrowed...more

Nearly 2 Million Home Care Workers Now Qualify for Minimum Wage, Overtime Protections

The U. S. Court of Appeals for the District of Columbia Circuit unanimously upheld a Department of Labor (DOL) rule which extended the Fair Labor Standard Act’s (FLSA) minimum wage and overtime protections to certain home...more

Companionship Exemption Changes In Effect

The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more

Home Health Care Agencies Feeling Sick After Friday’s Circuit Court Ruling

As we reported earlier this year, the U.S. Department of Labor has been fighting nearly 14 months of legal challenges in connection with its attempt to modify the FLSA’s companionship exemption. On Friday, the U.S. Circuit...more

D.C. Circuit Ruling Means DOL’s Home Care Rule May Soon Go Into Effect

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the...more

D.C. Circuit Revives U.S. DOL’s Final Rule on Home Care

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Labor’s Home Care Final Rule, which eliminates the companionship and live-in domestic service exemptions for...more

FTC Announces Action Against Data Brokers for Fraud Allegations, Settles with Three Defendants

On August 12, the FTC announced an action against a data broker enterprise for violations of the FTC Act. The FTC’s complaint alleges that, from at least 2011 to 2013, the data broker enterprise (i) sold payday loan...more

Mead Johnson Nutrition Settles SEC FCPA Charges for $12 Million

On July 28, Mead Johnson Nutrition Co. (“Mead”), an infant formula maker, agreed to pay $12.03 million to settle civil FCPA charges with the SEC. The SEC alleged that a majority-owned subsidiary in China used discounts given...more

Louis Berger International Pays $17 Million Penalty for FCPA Violation

On July 17, 2015, Louis Berger International, Inc., a New Jersey-based construction management company, entered into a deferred prosecution agreement (DPA) with the Department of Justice under which it agreed to pay a $17.1...more

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part I

Lawyers and most clients understand that disclosing privileged communications to adversaries waives that delicate protection. But clients lose privilege protection far more frequently when they or their lawyers disclose...more

Plan Provider Changes Shouldn’t Be Just To Make Someone $$$$$

Everyone has an opinion, but I think the independent opinion that is guided by beliefs and not by pay is far more important than the opinion that is greased by greed. I had lunch with my local neighborhood third party...more

California’s Harley-Davidson Decision Rides over Nexus Lines

On May 28 2015, The California Court of Appeals issued a decision in Harley-Davidson, Inc. v. Franchise Tax Board, 187 Cal.Rptr.3d 672; and it was ultimately about much more than the validity of an election within...more

Antitrust Whistleblower Protection Bill Introduced In Senate (Again)

On June 17, 2015, members of the Senate Judiciary Committee introduced the Criminal Antitrust Anti-Retaliation Act of 2015 (Act), a bill that proposes whistleblower protection for employees who provide information to the...more

UTC Fire & Security Obtains Summary Judgment In Putative TCPA Class Action

The Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), prohibits initiating a telephone call using a prerecorded voice to wireless or residential telephone numbers unless the called party consents to receiving the...more

New York Federal Court Applies New York City Human Rights Law’s Liability Provision to Employer’s Agent

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for...more

Third Parties and Red Flags

The following is our second Q & A with Richard Bistrong. In your view why do sales representatives or front line business personnel engage in bribery or hire a third party for the express purpose of paying a...more

SEC Brings Another Custody Rule Case

The SEC brought another in what may become a series of custody rule cases. This action was brought against Professional Investment Management, Inc., and its principal, Douglas Cowgill. SEC v. Cowgill, Case No. 2:14 CV 396...more

Study: Companies Often Don't Perform Due Diligence on Third-Party Agents

Third parties create a wide array of corruption risks for companies operating in the modern business environment. As a result, it is imperative for a company to learn as much as possible about all agents, consultants,...more

International Employment Law Developments

In Germany, many companies have resorted to utilizing temp workers through a third-party agency instead of hiring their own personnel. Temp workers typically are leased from an agency that employs the temps and assigns them...more

FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2 [Video]

This episode 30 is Part 2 of my interview with the FCPA Professor. ...more

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