News & Analysis as of

Employee Misconduct Fraud

Ius Laboris

Out of Sight, Out of Mind? Managing Misconduct in ‘Satellite Offices’

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For multinational corporations looking to establish a presence in Asia, the creation of regional offices in locations such as Hong Kong or mainland China can be a strategic move. Setting up these so-called ‘satellite offices’...more

Hanzo

How to Handle Internal Investigations: Different Tactics for Different Triggers

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Internal investigations often start small. A complaint, a suspicious transaction, or a red flag in a routine audit. Most companies try to manage these issues internally, without specialized tools or external legal support....more

NAVEX

Part 1: What is a Whistleblowing Hotline?

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In part one of this three-part blog series, we’re going back to the basics. In this article, we’ll answer the question: what is a whistleblowing hotline? A whistleblowing hotline is a channel that allows employees and others...more

Thomas Fox - Compliance Evangelist

Improving Your Compliance Program Through a Culture of Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those...more

Kohrman Jackson & Krantz LLP

Coverage Challenges in Ransomware Claims: Cyber Insurance Policies and Trends in Denials

A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Adopts Rules To Prohibit Fraud Related to Security-Based Swaps and Exertion of Undue Influence Over SBS Swap Dealer CCOs

On June 7, 2023, the Securities and Exchange Commission (SEC) adopted two new rules to address misconduct in the security-based swaps market. The first rule prohibits fraud, manipulation and deception in connection with...more

Proskauer - Whistleblower Defense

Illinois Federal Court Grants Motion to Dismiss SOX Whistleblower Claim

On February 28, 2023, the U.S. District Court for the Central District of Illinois granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, holding that the plaintiff failed to adequately plead...more

Proskauer - Whistleblower Defense

Pennsylvania District Court Grants Employer Summary Judgment on Whistleblower Retaliation Claims

On December 6, 2022, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims brought under SOX and the Consumer Financial...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

K2 Integrity

[Webinar] Practical Dilemmas in Internal Investigations - June 24th, 10:00 am - 11:00 am ET

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Internal investigations have a variety of triggers and are often initiated to explore allegations of potential fraud, bribery and corruption, data leakage, or anticompetitive behavior. The common objective of all internal...more

BCLP

Recent Hong Kong Court decision on a bank’s liability on its employee’s fraudulent conducts

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What happens when a Bank’s customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank?...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 35. News Briefs: October 2020

Report on Medicare Compliance 29, no. 35 (October 5, 2020) - In a major national enforcement action, the Department of Justice (DOJ) and other federal agencies said Sept. 30 they have charged 345 people, including more...more

Cadwalader, Wickersham & Taft LLP

The Delaware Court of Chancery Rejects Termination of Merger Agreement Based on Material Adverse Effect

In Channel Medsystems, Inc. v. Boston Scientific Corporation, the Delaware Court of Chancery rejected an attempt by Boston Scientific to terminate and thus avoid consummating a merger agreement with Channel on the grounds...more

Lewitt Hackman

FRANCHISOR 101: Liability as Certain as Death & Taxes

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Structuring a franchise to reduce risk of joint employment and vicarious liability means limiting a franchisor's control over franchisees. This is a challenge in a professional services franchise, where the brand is...more

Poyner Spruill LLP

Termination of Employee for FMLA Abuse Affirmed by Fourth Circuit

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FMLA abuse is an increasing problem oftentimes leaving employers searching for options. However, the Fourth Circuit Court of Appeals gave employers a win in Sharif v. United Airlines, Inc., when it affirmed an employer’s...more

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