News & Analysis as of

Employer Liability Issues Corporate Governance Employees

Seyfarth Shaw LLP

Curiosity may kill the cat, but is indispensable for workplace health and safety

Seyfarth Shaw LLP on

“Curiosity killed the cat” is a proverb “used to warn of the dangers of unnecessary investigation or experimentation” (Wikipedia) or is an idiom “said to warn someone not to ask too many questions about something” (Cambridge...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

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

Orrick, Herrington & Sutcliffe LLP

Missouri Attorney General Sues IBM Over its DEI Practices: How Companies Can Prepare for the Next Round of DEI Litigation

Within weeks of the Supreme Court’s decision striking down affirmative action in college admissions last year, Republican attorneys general for 13 states sent a letter to Fortune 100 CEOs condemning their DEI initiatives in...more

FordHarrison

EntertainHR: Leah’s Lawsuit: “Sober Curiosity” and its Impact on Workplace Culture

FordHarrison on

Whether you’ve noticed it through the media or in your own circle of friends, it’s no secret that the consumption of alcohol has been losing its popularity, and the idea of being sober or “sober curious” is trendy. Of course,...more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

Butler Snow LLP on

After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Littler

South Korea Proposes Mandatory Human Rights Due Diligence Obligations on Employers

Littler on

On September 1, 2023, lawmakers in South Korea proposed a bill entitled the “Act on Human Rights and Environmental Protection for Sustainable Business Management” (the “Bill”) to the National Assembly. This Bill aims to...more

A&O Shearman

UK regulators expectations on governance and DI within financial services firms

A&O Shearman on

The recent proposals from the UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) on diversity and inclusion (D&I) include proposals in respect of governance and oversight within in-scope firms....more

A&O Shearman

D&I as a non-financial risk: considerations for control functions

A&O Shearman on

Proposals from the UK financial regulators aimed at improving diversity and inclusion (D&I) in the UK financial services sector include an explicit expectation for all in-scope firms to consider a lack of D&I as a...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: ESG

The Supreme Court’s Affirmative Action Opinion Continues To Spawn Challenges to DEI Programs - Businesses can expect continued challenges to DEI programs, as emboldened opponents to these programs seek to expand the reach...more

A&O Shearman

Setting D&I targets: what the UK regulators expect from financial services firms

A&O Shearman on

The UK financial services’ regulators have introduced new proposals on setting diversity and inclusion (D&I) targets by firms. These proposals aim to address underrepresentation of particular demographics within firms and the...more

Greenberg Glusker LLP

What Businesses Need to Plan for in 2024

Greenberg Glusker LLP on

From the shifts in e-commerce litigation to the impending implementation of the Corporate Transparency Act, below are some key legal updates that are crucial for businesses to be aware of as 2024 approaches... Originally...more

Thomas Fox - Compliance Evangelist

Categories The Importance of Trust, Accountability, and Ethics in the Workplace

Trust, accountability, and ethics are fundamental pillars of a healthy and successful workplace. They form the foundation upon which organizations build strong relationships with their employees, customers, and stakeholders....more

Society of Corporate Compliance and Ethics...

Navigating employee burnout in a new normal: The role of ethics and compliance

Whether or not you believe the COVID-19 pandemic is over, it is essential for employers to realize we are in a new normal that has created change in the workplace and a surge in employee burnout. The American Psychological...more

Sheppard Mullin Richter & Hampton LLP

What You Need to Know about Acqui-Hires

The term “Acqui-hire” is commonly used to describe an M&A transaction where the buyer is predominantly interested in acquiring key employees of the target and not specifically the underlying business and/or assets. This type...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Spring 2023

Changing CEOs is one of the most critical decisions any board faces. In this issue of The Informed Board, we offer tips on how to avoid the mistakes we most often see. We also explain the problems companies could face if the...more

Allen Matkins

Why You May Not Want To Be A "Guiding Spirit"

Allen Matkins on

Last week, I wrote about California Labor Code § 558.1 which provides that an owner, director, officer, or managing agent of an employer (a "person acting on behalf of an employer") may be liable "as the employer" for...more

Perkins Coie

California Court Overturns Board Gender Diversity Statute

Perkins Coie on

A Los Angeles Superior Court judge struck down California’s board gender diversity statute on May 13, 2022. The court found that Senate Bill 826 violated the California Constitution’s Equal Protection Clause....more

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