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April 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...

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April 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 (“...

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April 08, 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...

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April 01, 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...

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March 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...

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March 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...

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March 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...

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March 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...

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March 06, 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...

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March 02, 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...

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February 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...

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February 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...

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February 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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February 05, 2015

Recent Tide of Class-Action Lawsuits Should Worry Employers Using Background Checks

A new wave of class-action lawsuits should concern any employer that regularly uses background checks in making employment decisions. These lawsuits allege violations of the Fair Credit Reporting Act (FCRA), the federal law that regulates the collect...

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January 22, 2015

A Bank or Not a Bank? MoneyGram Fails to Meet the Test in U.S. Tax Court

MoneyGram International Inc., (MoneyGram) the world’s second-largest money transfer company, lost its bid before the U.S. Tax Court (the Court) to prove that it is a bank, and in so doing its quest to take advantage of provisions of the U.S. Tax Code...

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Driving the Preventability Determination Out of Court: Practical Guidance on Excluding the Preventability Determination from Trial When the Commercial Driver's Negligence Is Contested

(2015)

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December 29, 2014

Ohio Supreme Court Yet Again Limits Employers' Liability for Intentional Torts

On December 18, 2014, the Ohio Supreme Court issued another opinion limiting employers’ liability for intentional torts in the workplace. This decision is the latest in a series of cases that narrowly interpret Ohio’s intentional tort statute, R.C. 2...

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December 19, 2014

NLRB Files Labor Violations Complaints against McDonald's

The National Labor Relations Board has issued complaints against McDonald’s USA and McDonald’s franchisees as joint employers. According to the NLRB, both McDonald’s USA and various franchises engaged in activities that violated the rights of empl...

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December 18, 2014

House Bill 87: Proposed Amendments to Florida's Construction Defect Act

By Michael Furbush, Partner, Board Certified Specialist - Business Litigation and Thomas Wert, Partner, Board Certified Specialist - Construction Law On December 9, 2014, the Florida House of Representatives introduced a bill that would substantia...