On June 27, 2024, the U.S. Supreme Court issued its decision in Securities and Exchange Commission v. Jarkesy. In a 6-3 decision, the Court ruled that securities fraud claims seeking civil penalties must be decided by a jury...more
7/17/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Enforcement Actions ,
Financial Institutions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Litigation ,
Securities Regulation ,
Seventh Amendment
This is the first in our 2023 series examining important trends in white collar law and investigations. Up next: criminal tax enforcement.
The False Claims Act (or “FCA”) continued to drive significant enforcement...more
2/14/2023
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Popular ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
Whistleblowers ,
White Collar Crimes
On October 11, 2022, the United States Department of Labor (DOL) released a proposed rule setting forth a new test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards...more
On August 12, 2022, the U.S. Court of Appeals for the Second Circuit in a 2-1 decision affirmed the decision of the U.S. District Court for the District of Connecticut to partly overturn the conviction of Lawrence Hoskins...more
8/23/2022
/ Acquittals ,
Alstom ,
Appeals ,
Bribery ,
Corporate Counsel ,
Criminal Convictions ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Money Laundering ,
White Collar Crimes
Under updated EEOC guidance, an employer may now conduct mandatory COVID-19 testing only if such testing is “job-related and consistent with business necessity.”
Employers should assess a number of factors before...more
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled in Patel v. 7-Eleven that the test for independent contractor status set forth in the Massachusetts independent contractor statute applies to the...more
3/29/2022
/ ABC Test ,
Business Litigation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchisors ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws
This is the seventh post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed SEC Enforcement in 2022: A Look Ahead. Up next: ESG and the SEC: What’s Next on the...more
3/3/2022
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Kickbacks ,
Whistleblowers
On December 6, 2021, New York City announced a vaccine mandate for all private-sector employers that will take effect on December 27, 2021. The mandate, which will require all in-person employees who are in a workplace with...more
12/7/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement Actions ,
Mayor de Blasio ,
New York ,
Private Sector ,
Reasonable Accommodation ,
State Legislatures ,
Vaccinations
On November 10, 2021, following the announcement of OSHA’s new vaccination-or-testing rule, the Office of the General Counsel of the National Labor Relations Board released a memorandum addressing employers’ obligation to...more
As we anticipated last spring, the Department of Justice (DOJ) has signaled that it will utilize civil enforcement of the False Claims Act (FCA) to address new and emerging cybersecurity threats. On October 6, 2021, Deputy...more
10/18/2021
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Ransomware
On August 25, 2021, the Massachusetts Supreme Judicial Court ruled in Osborne-Trussell v. Children’s Hospital Corporation that a nurse whose employment was terminated prior to her start date after disclosing to her employer...more
On May 17, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance to employers, instructing employers to refer to recent Centers for Disease Control and Prevention (CDC) guidance for...more
5/19/2021
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Masks ,
New Guidance ,
OSHA ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
This is the sixth in our First 100 Days series examining important trends in white collar law and investigations in the early days of the Biden administration. Our previous entry discussed ESG initiatives by the SEC. Up next...more
3/31/2021
/ Biden Administration ,
Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Pharmaceutical Industry ,
Popular ,
Qui Tam