News & Analysis as of

Third-Party Agents

Seyfarth Shaw LLP

U.S. Chamber of Commerce Sues OSHA to Block Union Walkaround Rule

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Seyfarth Synopsis: Numerous business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the Agency’s new walkaround rule. The suit, Civil Action No. 24-271, was filed last...more

Troutman Pepper

OSHA’s “Walkaround” Rule Allows Union Reps and Others Access to Private Worksites During Inspections

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Q. Has OSHA issued any new rules addressing employees’ rights to have representation during an OSHA inspection at a private employer’s worksite? ...more

Laner Muchin, Ltd.

OSHA to Expand Employee Discretion During Walkaround Inspections

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Summary of the Proposed Regulation On August 29, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release announcing proposed changes to the Representatives of Employers and Employees standard. In...more

Thomas Fox - Compliance Evangelist

Albemarle FCPA Enforcement Action: Part 2 – How to Hire Corrupt Agents

Last week, Albemarle Corporation (Albemarle), agreed to pay more than $218 million to resolve investigations by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) into violations of the...more

Venable LLP

Racist Robots 2.0: AI Liability for Discrimination

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Picture this: Your company has developed an artificial intelligence software program that instantly scans thousands of résumés and identifies the perfect candidates for hiring. You call a prospective client whose human...more

Stikeman Elliott LLP

Difederico v. Amazon.com Inc.: Federal Court Finds Proposed Class Action has no Prospect of Success

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In Difederico v. Amazon.com, 2023 FC 1156, the Federal Court refused to certify a proposed class action involving allegations that a collection of Amazon entities (“Amazon”) had breached sections 45 and 46 of the Competition...more

Cadwalader, Wickersham & Taft LLP

Honey, do you think KYC is still open? September 2023 - The ABCs of KYC (accounts)

Subtly pivoting from the topic of collateral accounts, introduced in the August 25, 2023 Fund Finance Friday (“FFF”) article by Chad Stackhouse and Katie Clardy titled “Control or Control Agreement”, we will explore a few of...more

Seyfarth Shaw LLP

DOL Proposes Regulations Authorizing Union and Other Third-Party Representation of Employees During OSHA Inspections

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Seyfarth Synopsis: The U.S. Department of Labor has announced notice and comment rulemaking as it seeks to revise its regulations regarding who can be authorized by employees to act as their representative to accompany OSHA...more

Seyfarth Shaw LLP

Third Party Agents Are Employers For Purposes Of FEHA Liability

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Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more

Hogan Lovells

UK Government proposes Companies House reform and greater transparency of corporate entities

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On 28 February 2022, the Government published its final position on Companies House reforms ahead of introducing legislation that will change the Registrar’s statutory role from being a largely passive recipient of...more

Lowenstein Sandler LLP

Internet Businesses Are Targeted By OFAC For Sanctions Violations: How To Reduce Risk

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Internet businesses are easily able to reach customers around the world. That worldwide reach, however, only increases a company’s risk of violating U.S. economic sanctions that the company might have not even realized...more

Buchalter

Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for...

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California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq. The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial...more

Carlton Fields

Seventh Circuit Rejects Third-Party Administrator’s Attempt to Avoid Multimillion-Dollar Arbitration Award

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Standard Security Life Insurance Company of New York and Madison National Life Insurance Co. entered into an administrative services agreement with FCE Benefit Administrators Inc. under which FCE administered insurance...more

Goodwin

Agent Fee Suits and PPP Loans: Clarity Could Be Coming

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During a House Financial Services Committee (HFSC) oversight hearing on June 30, 2020, Treasury Secretary Steven Mnuchin hinted that clarification may be coming on whether agents helping small businesses apply for Paycheck...more

Bass, Berry & Sims PLC

Courts Caution That Not All Data Breach Investigation Reports Are Privileged

Absent proper precautions, companies may be forced to produce or otherwise disclose third-party forensic reports generated during a post-breach investigation. Historically, when a data breach has occurred, companies have...more

McDermott Will & Emery

Agencies Issue Helpful FAQs on COVID-19 Testing Coverage

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On June 23, 2020, the US Departments of Labor, Health and Human Services, and Treasury issued tri-agency FAQs (Part 43) that clarify important health and welfare provisions under the Families First Coronavirus Response Act...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The death of the department store should clue you in about business

Sears and Macys announced some massive store closings. The department store has been a business that has been dying for 50 years. Ever since the shopping mall, growth of discount retailers such as Wal Mart and Target, and...more

Ballard Spahr LLP

Seventh Circuit holds identification of original and current creditor in debt collection letter did not violate FDCPA

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The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s judgment on the pleadings in favor of the defendants (a debt buyer and a collection agency) in a putative class action that alleged the...more

Ballard Spahr LLP

FTC announces improvements to orders in data security cases

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Yesterday, Andrew Smith, Director of the FTC’s Bureau of Consumer Protection, announced the following three major improvements that have been made to FTC orders in data security cases...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The multiple loan problem

As a 401(k) plan sponsor, you need to know that plan errors happen all the time. A 401(k) plan has so many moving parts, so that means something might break. The problem here is that while things can happen without control,...more

Robins Kaplan LLP

Financial Daily Dose 12.17.2019 | Top Story: USMCA Back on Track After Last-minute Wrangling

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The United States and Mexico appear poised to move past a last-minute snag over new language on Labor Department attaches to posts in Mexico. Mexico feared that the diplomats would “act as labor inspectors,” and for a day or...more

Thomas Fox - Compliance Evangelist

The Ahsanis’ Information – The Corruption Schemes

This week I am mining the guilty pleas of the former Unaoil Chief Executive Officer (CEO), Cyrus Ahsani, and former Chief Operations Officer (COO), Saman Ahsani, for what they might mean for Foreign Corrupt Practices Act...more

Polsinelli

Texas Insurance Department Issues Bulletin to TPAs and Agents

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The Texas Insurance Department (TDI) recently issued Commissioners’ Bulletin No. B-0007-19 (the “Bulletin”) to Third Party Administrators (“TPAs”) and agents licensed in Texas. Specifically, the Bulletin is a reminder to TPAs...more

Thomas Fox - Compliance Evangelist

Corruption in China: Part 1 – I am Shocked, Just Shocked

Sometimes you have to wonder if companies ever have figured out that they need to comply with the Foreign Corrupt Practices Act (FCPA) by putting in place a compliance program that actually works. ...more

Robinson+Cole Data Privacy + Security Insider

Quest Diagnostics Reports Data Breach Affecting 11.9M Patients in Securities Filing

Another day in the healthc are industry, another big data breach. This week, Quest Diagnostics announced in a security filing with the Securities and Exchange Commission, that a collection agency vendor that it uses for...more

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