In a recent encounter confronting the Federal Communications Commission (FCC), the Seventh Circuit Court has taken drastic actions. The FCC, frequently known for making declarations on the Telephone Consumer Protection Act (TCPA), has been noted to make these statements in ways that are often unclear, ambiguous, or contradictory. This characteristic of the FCC recently did…
In recent legal news, a crucial concern seems to be arising within the trade community due to the lack of uniformity in the procedures and practices of U.S. Customs and Border Protection (CBP) Centers of Excellence and Expertise (Centers). This is according to the August 2023 newsletter issued by the Braumiller Law Group. Compliant companies…
In the realm of estate matters, the roles and responsibilities of fiduciaries are critical. A recent article delved deeper into this topic with a focus on trustees as key fiduciaries. This subsequent instalment followed a prior alert reviewing the role of an executor. Essentially, a trust is defined as an arrangement where a person or…
On July 13, 2023, the Centers for Medicare & Medicaid Services (CMS) unveiled a proposal intended to considerably broaden behavioral health coverage provided under Medicare. This announcement was made as a part of the calendar year 2024 Medicare Physician Fee Schedule (PFS). The proposed changes might lead to a significant amplification in the range of…
In an era of rising cross-border transactions and heightened threats to national security, the Office of Foreign Assets Control (OFAC) has become an essential element in the U.S government’s arsenal. With a focus on identifying, tracking, and blocking financial transactions associated with criminal enterprises, terrorist activities, and other threats, OFAC has consistently shown its growing…
As recently reported, on May 8, 2023, the New Jersey Department of Labor and Workforce Development (“NJDOL”) published an FAQs page with guidance to assist employers in compliance with the Temporary Workers’ Bill of Rights (“The Law”). Following this, NJDOL has now released the Law’s proposed regulations to further expound on its provisions. The proposed…
In what is expected to be a seminal moment for securities law, the Securities and Exchange Commission (SEC) is reportedly closing in on a settlement with a nationally recognized statistical rating organization (NRSRO). The essence of the case revolves around the NRSRO’s failure to preserve communications pertaining to credit-ratings that were transmitted via unapproved electronic…
The rise of generative AI in the workplace has given birth to a unique paradox. While its potential benefits are indisputable, businesses are left grappling with several critical questions – do they shy away or embrace it, and what role can it play to keep them competitive? This has elicited thought-provoking discourse, as witnessed in…
On August 2, 2023, the National Labor Relations Board (NLRB) issued a landmark decision in the case of Stericycle Inc. that marks a new approach in how the Board will weigh workplace policies and rules. The primary fork in this shift revolves around whether these rules infringe upon employees’ rights of engagement in collective workplace…
For legal professionals who are seeking to enhance their knowledge and network within their field, all eyes turn towards the upcoming Regional Compliance & Ethics Conference set for September 1st in São Paulo, Brazil. Organized by SCCE, short for the Society of Corporate Compliance and Ethics, the event promises valuable compliance education tailored specifically for…
On August 3, 2023, the US Department of Labor (DOL) introduced a significant final rule, “Pre-enforcement Notice and Conciliation Procedures”, designed to update the procedures employed by the Office of Federal Contract Compliance Programs (OFCCP). The new rule revolves around the issuance of pre-enforcement notices, and effectively rolls back the changes made to employment discrimination…
Changes are on the horizon for California’s Construction General Permit, and all those involved in construction activities in the state – including municipalities, landowners, and developers – would do well to take note. The impetus for these changes is the intensified regulatory scrutiny that this sector has been subject to in recent years, especially in…
In a recent ruling on August 3, the U.S. District Court for the Eastern District of Texas dealt a significant blow to the regulations governing the arbitration process established by the No Surprises Act (NSA). As prescribed by the NSA, these regulations were put in place to orchestrate payment disputes between out-of-network healthcare providers and…
In what may become a significant case in the corporate legal sector, international law firm Clyde & Co is set to face the Solicitors Disciplinary Tribunal (SDT) over alleged breaches of anti-money laundering regulations. The information was revealed by Law.com. Reportedly, along with the firm, a former partner has also been referred to the UK’s…
In the continually evolving environment of healthcare, there is a critical aspect rarely understood by even seasoned legal professionals – exclusion screening. Routine screening checks are compulsory in the healthcare sector. Still, the importance of exclusion screening trumps most compliance audits, especially concerning federally funded health care programs. The Office of the Inspector General (OIG)…
The United Kingdom’s Financial Conduct Authority (FCA) initiated a consultation concerning the development of a U.K. consolidated tape for bonds on July 5, 2023. The Market in Financial Instruments Directive II (MiFID II) has established the need for a consolidated tape that presents transaction details for both equity and non-equity instruments. The proposal put forth…
The threat of uncertainty, the innate fear of failing, is a phenomenon known to many. Recurring nightmares about missed semesters and impending finals form part of the shared subconscious stress that professionals experience universally. Often, these fears are manifestations of deeper anxieties around performance, particularly in demanding environments such as corporate law firms and multinational…
In an insightful episode of his podcast series, “Clearly Conspicuous”, consumer protection attorney Anthony DiResta delves into the Federal Trade Commission’s (FTC) approach to data privacy and how it aligns with President Biden’s agenda. Access the full episode here. DiResta points out that although data privacy remains a key area of interest in the President’s…
In a recent edition of the Daily Compliance News, Tom Fox, known as ‘the Voice of Compliance,’ covered a mix of noteworthy compliance, ethics, risk management, leadership, and general interest stories relevant to compliance professionals around the globe. This edition, dated August 9, 2023, and titled ‘The $555MM Edition’, provides an in-depth analysis of the…
A recent episode of the award-winning podcast, Compliance into the Weeds, takes a deep dive into the contentious PCAOB proposal for fraud and compliance audits. Hosted by Thomas Fox, a noted Compliance Evangelist, this podcast has become a go-to destination for those seeking informed commentary and discussions on compliance-related subjects. In the episode, Fox teamed…
In a legal battle that has piqued the interests of those in the world’s largest corporations and law firms, Hogan Lovells and Quinn Emanuel Urquhart & Sullivan are squaring off in London’s High Court. The case centers around the lawsuit brought by the administrators appointed for the collapsed bank Greensill, who are suing Zurich Insurance…
In an era where social progress is at the forefront of public conversation, it is alarming to read that black women lawyers still encounter discrimination in the workplace. This unsettling reality was brought to light through a recent survey, demonstrating that the issue is far from resolved and is still a detriment to equal opportunities…
In the pursuit of business development, law firms are constantly seeking ways to engage their busy lawyers. As crucial as building a book of business is for lawyers, establishing a consistent engagement in business development often poses a challenge. This problem arises due to the general lack of exposure lawyers receive towards marketing and business…
Indicative of the legal industry’s growth across Asia, several esteemed law firms, including Atsumi & Sakai, White & Case, and Baker McKenzie, are expanding their partner base in the region. Notably, major hiring sprees previously seen in the West are now being mirrored here, underscoring Asia’s increasing importance in global legal practice. These new additions…
The ongoing patent battle over Apple Watch could potentially transform the role of the U.S. International Trade Commission (ITC), according to Apple Inc. The technology giant has recently expressed its concerns to the Federal Circuit regarding the ITC’s decision to ban the importation of Apple Watches due to patent infringement claims. In response to the…