Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more
8/16/2024
/ Biden Administration ,
Enforcement ,
Legal History ,
LGBTQ ,
Pending Litigation ,
Pregnancy ,
Pregnancy Discrimination ,
Public Schools ,
School Restrooms ,
SCOTUS ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Student Athletes ,
Title IX
The end of the Supreme Court’s recent term saw two major decisions in the field of administrative law: Loper Bright Enterprises v. Raimondo and Securities & Exchange Commission v. Jarkesy. The Loper Bright decision, which...more
8/5/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Civil Monetary Penalty ,
Dodd-Frank ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Seventh Amendment ,
Statutory Interpretation
On July 11, the Third Circuit laid out a test to settle the debate as to whether athletes are truly amateurs or actual employees entitled to benefits under the Fair Labor Standards Act (“FLSA”)....more
Federal Rule of Evidence 704(b) provides that experts in criminal cases cannot state an opinion about the defendant’s mens rea. That is, the expert must not state an opinion about “whether the defendant did or did not have a...more
In 2022, the United States Department of Justice (“DOJ”) announced its decision to shut down the “China Initiative”—the controversial program used to investigate and prosecute academics, health care workers, and...more
5/23/2024
/ China ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Educational Institutions ,
Failure To Disclose ,
False Claims Act (FCA) ,
Grants ,
Indictments ,
Medical Research ,
National Institute of Health (NIH) ,
Physicians ,
Scientific Research ,
Settlement ,
Trump Administration
Since at least the adoption of the organizational Federal Sentencing Guidelines in 1991, the government has encouraged companies to adopt an effective compliance program that prevents and deters misconduct....more
5/21/2024
/ Acquisitions ,
Antitrust Violations ,
Chief Compliance Officers ,
Compliance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Rules of Criminal Procedure ,
Mergers ,
Safe Harbors ,
Successor Liability
As expected, shortly after receiving the Order from Judge Liles C. Burke of the District Court for the Northern District of Alabama that rendered unconstitutional the Corporate Transparency Act (the “CTA”), the United States...more
We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group.
Each issue...more
4/3/2024
/ Anti-Corruption ,
Biden Administration ,
Bribery ,
Compliance ,
Corporate Misconduct ,
Corporate Transparency Act ,
Corruption ,
Criminal Convictions ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Imprisonment ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Regulatory Standards ,
Securities Fraud ,
Sentencing ,
Title IX ,
Voluntary Disclosure ,
Wall Street ,
Whistleblower Awards ,
White Collar Crimes
Don’t panic! It is business as usual for those subject to the Corporate Transparency Act (the “CTA”).
On March 1, 2024, Judge Liles C. Burke of the District Court for the Northern District of Alabama held the CTA...more
We may be embarking on the end of the infamous transfer portal hold that restricts college-athletes from immediate competition after switching schools. In an age of increasing athlete autonomy, this ruling could impose a...more
On December 22, 2023, President Biden completed the proverbial “sandwich” against international bribery schemes by signing the groundbreaking Foreign Extortion Prevention Act (“FEPA”) into law....more
Starting Jan. 1, 2024, the Corporate Transparency Act (CTA) will require all reporting companies to regularly disclose certain information on their beneficial owners to the U.S. Treasury’s Financial Crimes Enforcement...more