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May 4, 2015 | TransVantage Bankruptcy Leads to Multiple Lawsuits against Motor Carriers

A Bankruptcy Trustee in New Jersey has filed lawsuits against numerous motor carriers to recover payments that were made by TransVantage Group or related entities for delivery and other transportation services provided over a 10-year period. The l...

Apr 22, 2015 | Equal Employment Opportunity Commission Issues Proposed Regulations on Wellness Programs and the Americans with Disabilities Act

Corporate wellness programs, which typically use financial or other incentives to encourage workers to participate in wellness programs, have surged in popularity over the last several years, spurred on by companies seeking ways to lower healthcare c...

Apr 21, 2015 | Department of Labor Proposed Fiduciary Rule Revises and Updates the Regulation of Investment Advice to Plans and IRAs

By David C. Strosnider On April 14, 2015, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“Notice”) that, if adopted, would have a significant impact on persons who provide “investment advice” to an employee benefit plan (“...

Apr 10, 2015 | Aetna Fined $1 Million for Misleading Pharmacy Benefit Customers

Late last week, the Centers for Medicare & Medicaid Services (CMS) issued a Notice of Imposition of Civil Money Penalty to Aetna to the tune of $1 million for erroneously identifying nearly 7,000 non-network retail pharmacies as “retail in-network” f...

Apr 8, 2015 | FDIC Promotes a Risk-Based Approach for Banks

The FDIC recently provided guidance that encouraged financial institutions to take a risk-based approach in assessing individual customer relationships rather than declining to provide banking services to entire categories of customers, without regar...

Apr 1, 2015 | President Obama Vetoes Senate Attempt to Kill New "Ambush Election" Rule

On Tuesday, President Barack Obama used just the fourth veto of his presidency to block a Senate joint resolution that would have killed the new National Labor Relations Board’s “Ambush Elections” rule providing for, among other things, speedier unio...

Mar 25, 2015 | Pregnancy Discrimination Case against UPS is Revived

The U.S. Supreme Court issued a decision today that revived a female driver’s case against UPS which alleged that the company violated the Pregnancy Discrimination Act when it failed to offer light duty work to her after her physician advised her tha...

Mar 16, 2015 | FINAL COUNTDOWN…Less than One Month to Prepare for Ambush Elections

The most significant changes to federal labor law in the past 50 years are set to take effect on April 14, 2015. President Obama has promised to veto any attempt by Congress to stop it, and Congress does not have enough votes to override the veto. Al...

Mar 12, 2015 | Cuyahoga County Judge Strikes Down Workers' Comp Statute as Unconstitutional, Hinders Employers Challenging Claims in Court

The Cuyahoga County Court of Common Pleas recently made it more difficult for Ohio employers to challenge workers’ compensation claims in court. In Shannon Ferguson v. State of Ohio, the court ruled the Ohio statute prohibiting a claimant from volu...

Mar 10, 2015 | Foreign Corrupt Practices Act: FBI Increasing Resources to Fight Corruption

Department of Justice (DOJ) officials at the ABA White Collar Conference last week in New Orleans confirmed DOJ’s expanding commitment to investigating and prosecuting violations of the Foreign Corrupt Practices Act. Officials announced that the FBI...

Mar 9, 2015 | Home Healthcare Worker Violates HIPAA and Steals Protected Health Information: Due Diligence of Employees and Mandated Criminal Background Checks

In Lee County, Florida, a home healthcare nurse stands accused of stealing from her elderly patients. Police investigators say that the nurse opened fraudulent credit card accounts under the names of at least eight of her patients. Computer and trans...

Mar 6, 2015 | Cyber Preparedness: Corporate Boards and Officers Need to Manage the Risk of Cyber Attacks

In the now infamous hack of Sony’s computer systems in the fall of 2014, investigators estimated that nearly 100 terabytes of data were stolen. Sony joined a crowd of other well-known cyber attack victims like JPMorgan Chase and Home Depot, both of w...

Mar 2, 2015 | International Law Enforcement Efforts Demonstrate Success in Australian Foreign Bribery Arrests

A coalition of international law enforcement investigators continues to employ anti-bribery statutes to combat fraud by individuals with ties to terrorist groups. After a series of raids in Sydney, Australia, last week, the Australian Federal Poli...

Feb 26, 2015 | U.S. Supreme Court Says State Professional Boards may be Subject to Federal Antitrust Laws

On February 25, 2015, the U. S. Supreme Court held that a state professional board controlled by “active market participants” was not protected from antitrust scrutiny by the “state-action immunity” doctrine, and upheld the Federal Trade Commission’s...

Feb 25, 2015 | Department of Labor Finalizes Rule to Extend FMLA Protections to Same-Sex Married Couples

The United States Department of Labor today announced the finalization of a rule to extend the Family Medical Leave Act’s protections to married, same-sex couples regardless of whether the state in which they reside recognizes same-sex marriage. The...

Feb 18, 2015 | U.S. Attorney General Holder Gives Federal Prosecutors 90 Days to Hold Individuals Accountable for the Financial Crisis

In a public appearance at the National Press Club yesterday, U.S. Attorney General Eric Holder said that he has given federal prosecutors a 90-day deadline to evaluate whether they can bring civil or criminal cases against any individuals for their r...

Feb 17, 2015 | Ohio Supreme Court Strikes Municipality's Ordinances that Conflict with State Laws on Oil and Gas Operations

In a split 4-3 decision, the Ohio Supreme Court issued today a much-anticipated decision in State ex rel. Morrison v. Beck Energy, Slip Op. 2015-Ohio-485, a case addressing whether state law preempts municipalities from adopting and enforcing certain...

Feb 16, 2015 | The FAA Proposes New Rules On Commercial Drones

On Sunday, February 15, 2015, the Federal Aviation Administration (FAA) proposed new rules applicable to the use of commercial drones. The FAA asked for public comments on its proposal, and it is likely that it will take at least a year before the ru...

Feb 12, 2015 | Compliance Officers Be Prepared: Combating Corruption Named a Priority in President's National Security Strategy

The White House issued its National Security Strategy (NSS) on February 6, 2015, the first one since 2010 and only the second from President Obama’s administration. The NSS sets the agenda for the executive branch of the government, provides insight...

Feb 11, 2015 | The Regulatory Amendments to the Cuba Sanctions - What Does it Mean for American Business?

On December 17, 2014, President Obama announced significant changes to the Cuba sanctions that have been in place for over half a century. The President, using his executive powers, relaxed many of the sanctions in place under the U.S. embargo of Cub...

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