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McCarter & English, LLP

Privilege Denied When Facilities Fail To Comply With NJ Patient Safety Act

Two New Jersey healthcare facilities that violated the New Jersey Patient Safety Act, N.J.S.A. §§ 26:2H-12.23 to -12.25, (PSA), must provide plaintiff patients with internal reports and documents relating to adverse events,...more

Troutman Pepper

Texas AG Announces Investigation Into Boeing Supplier

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Texas Attorney General (AG) Ken Paxton has announced an investigation into Boeing supplier, Spirit Aerosystems, for alleged manufacturing defects, which are believed to have caused various “concerning incidents, some of which...more

Polsinelli

Federal Court Rejects Objections and Orders OFCCP to Disclose EEO-1 Reports

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Despite objections by thousands of employers and its own continuing review of records, the OFCCP has been ordered by a federal court to produce all EEO-1 Type 2 reports of federal prime contractors and first-tier...more

Ballard Spahr LLP

Trade groups seek extension of comment period on CFPB Section 1033 proposal

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Fifteen trade groups have joined in a letter to the CFPB requesting an extension of the comment period on the CFPB’s proposed rulemaking on personal financial data rights. The proposal implements Section 1033 of the...more

Smith Anderson

N.C. Court of Appeals Addresses Public Records Status of Records Held Solely by Third-Party Vendors

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The North Carolina Court of Appeals recently issued an opinion on the question of when documents solely in the possession of a third-party contractor—and not a public body—are public records subject to production under the...more

Ballard Spahr LLP

FDIC launches new tool for examination planning

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The Federal Deposit Insurance Corporation has announced that it is launching a new Banker Engagement Site (BES) this month through FDICconnect to serve as the primary tool for exchanging examination planning and other...more

DirectEmployers Association

[Webinar] What Federal Contractors Need to Know About OFCCP’s New Audit Scheduling Letter - September 13th, 2:00 pm - 3:30 pm ET

…apart from ordering more Advil? Let’s dive in! OFCCP published its new audit Scheduling Letter on Friday August 25, 2023, effective the previous day. It is the most comprehensive and burdensome change to the agency’s...more

Bodman

How Delaware LLCs Can Protect Themselves Against Abusive and Illegitimate Information Requests by Members or Managers

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Knowledge is power, they say. In the context of a Delaware limited liability company (“LLC”), knowledge about the company’s finances, governance, operations, and affairs is found in the company’s books and records. But...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena

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If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena. This post offers guidance on how to respond to this common discovery...more

Seyfarth Shaw LLP

Invited to a Party or a Pounding?: Responding to Congressional Investigations

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A quick glance at the hearing schedules of the Senate HELP Committee and the House of Representatives Committee on Education and the Workforce should alert employers to one thing: Congress is interested in them. The Senate...more

Oberheiden P.C.

What Should You Expect, Do, and NOT Do During a FINRA Investigation?

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Financial Industry Regulatory Authority (FINRA) investigations present significant risks for broker-dealers. Not only can FINRA take enforcement action—including the imposition of penalties and barring broker-dealers from the...more

Littler

OFCCP Quietly Extends Deadline for Submitting Objections to EEO-1 Disclosures and Reveals Intention to Post EEO-1 Data on its...

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Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily...more

A&O Shearman

CJEU rules that national courts must consider the interests of individuals when ordering data disclosure in civil litigation

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The Court of Justice of the European Union (CJEU) published its decision in Norra Stockholm Bygg AB v Per Nycander AB, C-268/2021 (Norra) on 2 March 2023. The CJEU held that the GDPR applies, in civil court proceedings, to...more

TransPerfect Legal

Creating a Defined Investigatory Process in Government Investigations

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What sticks out from my time at the Department of Justice is this: should your organization receive a government subpoena, the government more likely than not already has the evidence they need to prove the violation. The...more

CloudNine

[Webinar] Navigating Your Modern Data with Rick and Derek - November 8th, 12:00 pm - 1:00 pm CST

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Navigating modern data is no longer just for civil litigants, and regulators increasingly request non-traditional ESI. Lawyers, vendors, and companies facing government subpoenas and document requests need to consider how to...more

Robinson+Cole Data Privacy + Security Insider

California Law Prohibits Cooperation with Out-of-State Entities Regarding Lawful Abortion

In response to Dobbs v. Jackson Women’s Health Organization, California Governor Gavin Newsom recently signed AB 1242 into law, which “prohibits law enforcement and California corporations from cooperating with out-of-state...more

Polsinelli

I Object! – OFCCP Extends Deadline to October 19 to Submit Objections to FOIA Request for All Type 2 Consolidated EEO-1 Reports

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Yesterday OFCCP announced that it is extending the deadline to respond to and submit objections pursuant to its August 19, 2022, Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will...more

Littler

OFCCP Extends Deadline for Objecting to Proposed Disclosures of EEO-1 Data

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As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR).  Employers were given until...more

CDF Labor Law LLP

OFCCP Revises Directive on Federal Contractors’ Compliance with “Pay Equity Audits”

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On March 15, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Directive regarding OFCCP’s expectations of compliance with the regulatory provisions of 41 CFR 60-2.17(b)(3). The regulations require...more

Polsinelli

Going Public With It – OFCCP Publishes Notice Regarding FOIA Request for All Type 2 Consolidated EEO-1 Reports – and Sets...

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On August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will Evans, a...more

Stinson - Government Contracting Matters

OFCCP Revises Directive on Pay Equity Audits / Compensation Analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Edit Audits.” The revised Directive states...more

FordHarrison

OFCCP Receives Media Request for EEO-1, Type 2 Report Filed by Federal Contractors

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On August 19, the Federal Register published a Notice that OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR). CIR is seeking all federal prime contractors’...more

Rivkin Radler LLP

Administrative Order 141/22 Brings More Changes to New York’s Uniform Civil Rules

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On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”),...more

Meyers Nave

CPUC Cannot Use Exhaustion of Administrative Remedies to Delay Litigation Under the CPRA

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In the recent ruling of Rittiman v. Public Utilities Commission, the First District Court of Appeal held that the petitioner was not required to exhaust the administrative remedies of the California Public Utilities...more

Oberheiden P.C.

I Received a FINRA 8210 Letter: Now What?

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When registered brokers, their associates, or other financial advisors receive a FINRA 8210 letter, how they respond can make a big difference in the potential outcome. Ignoring the request for documents, pursuant to FINRA...more

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