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Corporate Governance Employer Liability Issues

Bradley Arant Boult Cummings LLP

How to Protect Your ESOP from Lawsuits Over Cash Holdings

At least four lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has...more

Verrill

Spence v. American Airlines: A Texas Court’s View of the Duty of Loyalty under ERISA

Verrill on

Since we last discussed environmental, social, and corporate governance (“ESG”) developments in the context of ERISA retirement plans, ESG litigation has taken a rather unexpected turn. Although the plan lineup in Spence v....more

UB Greensfelder LLP

FAQ: How Businesses Can Prepare for a Visit from U.S. Immigration and Customs Enforcement

UB Greensfelder LLP on

Businesses should be aware that the new Administration is intensifying immigration enforcement efforts, which may lead to increased visits from U.S. Immigration and Customs Enforcement (ICE). Preparing for a potential visit...more

A&O Shearman

ICO releases guidance on processing employment records

A&O Shearman on

On February 5 2025, the UK Information Commissioner's Office (ICO) released new guidance designed to help employers understand and comply with their obligations under the UK GDPR and the Data Protection Act 2018 in relation...more

Bradley Arant Boult Cummings LLP

Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before

Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape: Insights From Late Night — Hiring to Firing Podcast

Troutman Pepper Locke on

Workplace diversity, equity and inclusion (DEI) programs face more scrutiny than ever after President Trump's recent Executive Order targeting DEI policies and programs across the federal government, in private industries...more

Conn Kavanaugh

What Every Business Should Know About AI in 2025: Legal Perspectives and Predictions

Conn Kavanaugh on

Entering 2025, artificial intelligence (“AI”) has passed the hype stage and now drives transformation across industries by reshaping business operations, customer interactions, and regulatory environments. Understanding the...more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

Weintraub Tobin on

This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Mintz

[Podcast] Mintz on Air: Predictions and Practical Policies- Diversity Diversions

Mintz on

In the latest episode of the Mintz on Air: Predictions and Practical Policies Podcast, ESG Co-chair Jen Rubin hosts a thoughtful discussion on diversity diversions and the future of DEI programs under the new administration....more

McDermott Will & Emery

Global Equity and Employment Law Considerations for 2025

Many countries finalized new regulations and released new guidance in 2024 regarding global equity plans. Multinational companies should confirm whether their equity grant materials and plan administration align with such...more

Health Care Compliance Association (HCCA)

Disclosure of Full Record to Employer Results in $35K Fine, Broad CAP; Echoes of 2017 HIV Case

It’s not immediately obvious why someone would want to disclose a health care test result as part of a job application. But one such request spurred a Pennsylvania entity to provide a lot more than that: it sent her whole...more

Thomas Fox - Compliance Evangelist

AI in Compliance: Part 3, Leveraging AI for Employee Behavioral Analytics in Corporate Compliance

We continue our 5-part exploration of using AI in compliance by considering how employee behavioral analytics can be used to prevent employee misconduct. Whether intentional or inadvertent, employee misconduct can present...more

A&O Shearman

Operating Management Incentive Plans (MIPs) globally: key issues

A&O Shearman on

In the dynamic landscape of global private equity, MIPs are a crucial tool for attracting, retaining, and motivating executive talent. In this article, we highlight key issues and practical tips for companies planning to...more

Decipher Investigative Intelligence

Good Turnover or Bad Turnover? Four Ways to Analyze Your Firm

The average turnover for AmLaw 200 firms is 26.3 percent, according to analysis by Decipher Investigative Intelligence – so simply put, for every four lawyers at your firm, one will swap out every year. “Turnover” can be a...more

Thomas Fox - Compliance Evangelist

Reimagining Compliance as a Product

In the modern corporate environment, compliance must transcend its traditional role as a set of rules and regulations. Instead, it should be reimagined as a product—something employees actively choose to engage with daily....more

NAVEX

How to Choose a Whistleblowing Hotline Provider

NAVEX on

If you’ve made the decision to implement an internal reporting system (or  whistleblowing hotline), you might be wondering what to do next. ...more

Thomas Fox - Compliance Evangelist

Rethinking the Employee Experience from the Compliance Perspective

In today’s competitive labor market, retaining top talent is more than just a human resources challenge but a compliance priority. This is one insight from the Harvard Business Review article, What Companies Get Wrong About...more

Bennett Jones LLP

The Function and Limits of Directors and Officers Insurance Policies in Class Actions and the Companies’ Creditors Arrangement Act

Bennett Jones LLP on

The Ontario Superior Court has held that claims made insurance policies issued to directors and officers upon a company filing for protection under the Companies' Creditors Arrangement Act, RSC 1985, c C-36 (the CCAA) could...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Post-Election Considerations for Inaugurations, Transitions, Special Elections and Personnel Entering or Leaving Government

Now that the 2024 election has passed, individuals and organizations must be mindful of special legal issues that arise from contributions made to, and expenses incurred for, federal, state or local inaugural or transition...more

Thomas Fox - Compliance Evangelist

Using Culture Audits to Strengthen Your Compliance Program

Gone are the days when culture audits were an optional extra; they are now a core element for assessing employee engagement, ethical perceptions, and trust levels across all tiers of an organization. The culture audit is more...more

DCI Consulting

Leading by Example: Public DEI Messaging

DCI Consulting on

What Content Is Typically Communicated on the Diversity Webpages of S&P 100 Companies? In Part I of our three-part blog series, we found that 92% of S&P 100 companies have a webpage link to messaging and communications...more

DCI Consulting

Leading by Example: Public Commitment to DEI

DCI Consulting on

There is no single way for employers to signal their commitment to diversity, equity, and inclusion (DEI). Employers may partner with a third-party organization, sponsor DEI-focused events, support community needs, or endorse...more

Eversheds Sutherland (US) LLP

Commercially Connected Shorts - 21 August 2024

Welcome to Commercially Connected shorts, our weekly bitesize newsletter summarising the latest international commercial law updates. This week we look at: - Are your records in order – responding to ECCTA and other...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Circular, Warning Against Whistleblower Intimidation

On July 24, 2024, the CFPB issued a circular detailing how companies may be breaking the law by requiring employees to sign broad nondisclosure agreements that could deter whistleblowing.  Under Section 1057(a) of the...more

Jenner & Block

One Year Later: The Implications of SFFA for Corporate America

Jenner & Block on

On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more

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