|
On January 14, 2020, the Department of Defense (“DoD”) Office of the Inspector General (“DoDIG”) publicly released a report criticizing contracting officers at the Defense Contract Management Agency (“DCMA”) for not assessing penalties recommended by the Defense Contract Audit Agency (“DCAA”) against contractors that had claimed unallowable indirect costs.
|
|
|
Managing the Modern Workplace
Last week, we talked here about some new challenges for New York employers in the new year, and how New York was in the running to supersede California as the toughest state for employers. Alas, notwithstanding the efforts of the New York legislature, California still retains its crown as the most challenging state for employers.
|
|
|
V&E International Dispute Resolution & Arbitration Update, January 23, 2020
As of January 17, 2020, the Indian Ministry of Law and Justice has updated the Indian Civil Code in order that judgments of the UAE courts may be more easily enforced within India.
|
|
|
On January 17, 2020, the U.S. Court of Appeals for the Ninth Circuit ordered the dismissal of the high-profile constitutional climate lawsuit Juliana v. United States, which was originally filed in 2015 in Oregon by a group of children and young adults.
|
|
|
Last week, the U.S. Securities and Exchange Commission (the “SEC”) initiated its third try to pass a rule on “Disclosure of Payments by Resource Extraction Issuers,”1 which would govern the disclosure of payments made by oil, natural gas, and mineral extractors to foreign governments — as required by Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”).2
|
|
|
V&E Antitrust Update, January 22, 2020
On January 10, 2020, the Department of Justice and Federal Trade Commission released Draft Vertical Merger Guidelines for public comment. Once finalized, the Draft Guidelines will replace guidance on vertical mergers in the DOJ’s 1984 Merger Guidelines.
|
|
|
Managing the Modern Workplace
Last week, the Department of Labor issued a new, final rule defining the test needed to determine joint employment status under the Fair Labor Standards Act (FLSA). The rule narrows the factors which agencies and courts should consider in finding this status, and it offers employers a certain amount of clarity on the doctrine. This adds to the continued attempt to divine the term “employee” under U.S. law that we have addressed in the past (e.g., here and here).
|
|
|
V&E Environmental Law Update, January 21, 2020
On January 9, 2020, the Council on Environmental Quality (“CEQ”) released the first major proposal to overhaul its regulations implementing the National Environmental Policy Act (“NEPA”) in over forty years.
|
|
|
V&E Tax Update, January 16, 2020
Treasury and the IRS recently issued final regulations (the “Final Regulations”) providing additional guidance on the implementation of the Qualified Opportunity Zone (“QOZ”) provisions of the Tax Cuts and Jobs Act, as well as Frequently Asked Questions on QOZs.
|
|
|
Recently, a number of European countries, including the U.K. and Germany, have enacted revised anti-money laundering laws implementing the European Union’s (“EU”) 5th Anti-Money Laundering Directive (“the Directive”), in some instances giving companies only weeks to comply with their new anti-money laundering obligations.
|
|
|
Managing the Modern Workplace
We have said this before and we will say again: New York is definitely in the running to supersede California as the most challenging state for employers. New York has implemented new requirements which will require employers to revise their employee handbooks, offer letters and employment agreements.
|
|
|
When a bank files a suspicious activity report (“SAR”), that bank has immunity from civil lawsuits.
|
|
|
In a case that has been widely watched, on Tuesday December 10, ExxonMobil got good news in the climate change disclosure lawsuit brought against it by the New York Attorney General.
|
|
|
V&E Antitrust Update, January 15, 2020
The U.S. antitrust agencies remained active in enforcing mergers and acquisitions generally; however, both the energy and chemical industries saw a slight reduction in the number of reportable transactions, with a corresponding reduction in the number of transactions investigated in 2019.
|
|
|
Managing the Modern Workplace
As employment lawyers, we see all sorts of reasons for businesses deciding to terminate employees, ranging from gross misconduct to plant closures. But there is one scenario that comes up from time to time that always strikes me as a particularly unfortunate loss of talent – when a good employee gets promoted into a role they are simply not suited for.
|
|
|
V&E Foreign Corrupt Practices Act Update, January 10, 2020
Enforcement of the Federal Corrupt Practices Act (“FCPA”) is at an all-time high, and 2019 marks the fourth consecutive year where results broke the records that had been set in the previous year.
|
|
|
V&E Energy Update, January 10, 2020
Investing in the midstream energy sector is an attractive way to participate in the North American energy market.
|
|
|
Managing the Modern Workplace
If your business has employees only in the United States, then the answer is probably no. But if you are a multi-national employer, then perhaps it should be.
|
|
|
V&E Tax Update, January 9, 2020
In the past month, the IRS has issued a spate of proposed and final regulations on various international tax law topics, including the foreign tax credit, sourcing of personal property sales, and the base erosion and anti-abuse tax (BEAT).1
|
|
|
Managing the Modern Workplace
What would you do if one morning you saw on the
overtime volunteer list on your company bulletin board that an employee had
handwritten across the top of the list the words “Whore Board?” I think I know: You would fire that employee, assuming you
could identify who it was.
|
|