Compliance into the Weeds-Episode 40, COSO ERM Framework Update
The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit...more
As of May 1, Utah has joined the expanding patchwork of states with laws specifically targeting artificial intelligence (AI) systems. The Utah Artificial Intelligence Policy Act (UAIPA), signed into law in March of this year,...more
Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings: - A putative class action filed in California federal...more
The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more
The discovery of actual or potential International Traffic in Arms Regulations (“ITAR”) violations presents the question of whether to disclose the conduct to the Department of State Directorate of Defense Trade Controls...more
7 chilling questions and statements that could throw your legal department off its game this October – and well into the new year – if you don’t lay the groundwork now....more
The California Supreme Court recently issued its decision in Boermeester v. Carry. Though the case deals with fair procedure within a private university’s internal disciplinary proceedings, it provides helpful guidance for...more
Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing rules surrounding the...more
The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the Illinois Biometric...more
On July 1, Colorado will join four other states as its comprehensive privacy law, the Colorado Privacy Act (CPA), goes into full effect. The CPA imposes significant new obligations for businesses and nonprofit organizations...more
The Directorate of Defense Trade Controls (DDTC) is continuing its project to revise and update the International Traffic in Arms Regulations (ITAR). Some of the changes are editorial and some are substantive. If you are...more
In late February, the NCAA announced that the Committee on Infractions (COI) found rule violations by the University of Miami women’s basketball program. Specifically, the COI ruled that the head coach facilitated improper...more
The United States government has increased a variety of immigration-related fines/penalties, effective January 13, 2023. The higher penalties are only for those cases where the penalties are assessed on January 13, 2023 or...more
Sometimes employers believe they have all the evidence they need to discipline or terminate an employee, even without having talked to the employee and hearing the employee’s side. Why waste time talking to the employee when...more
As we approach the one-year anniversary of the National Collegiate Athletic Association’s (“NCAA’s) interim guidance on name, image, and likeness (“NIL”), colleges and universities are starting to debut a new position: the...more
MoviePass, a movie subscription service, has agreed to a proposed settlement with the FTC over alleged deception and lack of security allegations. The now-defunct company not only allegedly marketed its service as a “one...more
When evaluating employee discipline or termination, there are a number of factors to consider: Did the employee have notice of the policy or rule he allegedly violated?...more
The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more
The Federal Trade Commission recently entered the biometric fray. It settled with a now-defunct photo-storage app over its use of facial recognition technology. According to the FTC, the company engaged in a variety of...more
On August 14, the U.S. District Court for the District of Oregon issued an order rejecting defendant ViSalus, Inc.’s (“ViSalus”) constitutional challenge to a $925,220,000 verdict based on 1,850,436 prerecorded calls ViSalus...more
The U.S. Department of Education released new regulations this spring under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs or activities receiving...more
When allegations of employee misconduct are alleged, companies must respond swiftly. Indeed, “insider threats” can cause significant damage to a company. These threats come in many different forms, including: •Accounting...more
It is no surprise that the pandemic has increased the number of whistleblower complaints, many involving social distancing and personal protective equipment violations. Employers cannot retaliate against workers who blow...more
The importance of a thorough, independent investigation prior to taking adverse employment action was reaffirmed this week by the Fifth Circuit in Brown v. Walmart. Brown sued her employer, Walmart, for retaliation when she...more
The Situation: The Federal Energy Regulatory Commission ("FERC") issued a proposed policy statement that may signal a significant change to FERC's policy on waivers related to remedial relief. The Impact: While it is...more