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- 4/24 Deadline To Respond To On DOJ/FTC Invite For Comments on Antitrust Policy
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Author Archives: Cynthia Marcotte Stamer
DOJ Housing Enforcement Reminds Businesses Sexual Harassment Protections Don’t Just Protect Employees
Justice Department settlement reminds housing and other businesses sexual harassment risks exist beyond employment. Continue reading
Want To Be A Great Leader: Take A Leadership Lesson In Horsemanship
Great horse people make great leaders because they lead the horse through attention and responsiveness to the capabilities and needs of the horse. Real leadership happens from action not talk and leadership talk is often cheap and plentiful in the … Continue reading
Posted in Risk Management
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ChatGPT and Other AI Tools Use As Discoverable Evidence in Litigation and Government Investigations: What Business Leaders Must Know
Use of AI can have significant evidence, document retention, and other consequences for organizations and their legal exposure. Organizations in their leaders need to manage the use of AI to manage these risks and obligations. Continue reading
Posted in AI, Board of Directors, CEO, CFO, Compliance, Cyber, Director Liability, discrimination, Document Retention, E&O, Employee Benefits, Employment, Evidence, Fiduciary Responsibility, FinCEN, Fraud, Internal Controls, Labor Relations, management, Officers, Officers Liability, Performance Management, Regulatory Affairs, Risk Management, Securities, sentencing guidelines, Uncategorized, Workforce
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4/24 Deadline To Respond To On DOJ/FTC Invite For Comments on Antitrust Policy
Comment on DOJ/FTC antitrust rules on competitor collaborations by 4/24 Continue reading
Justice Department Intervention Shows Commitment To ADA Website Accessibility Rule Enforcement
The Department of Justice intervention and private litigation warn public and private organizations to prioritize ADA accessibility, warning of potential enforcement actions if websites violate accessibility standards. Continue reading
HUD & Other Federal Sexual Harassment Laws Protect Customers Too
A new Justice Department settlement reminds landlords and other businesses subject to federal discrimination and harassment rules that federal sexual harassment prohibitions protect customers as well as employees. Businesses should go against incurring their own liability by ensuring their practices, … Continue reading
Posted in Uncategorized
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$11 Millon FCA Settlement Warns Federal Contractors & Grant Recipients To Ensure Fulfillment Of Cybersecurity Requirements
The $11 million plus False Claims Act settlement that Health Net Federal Services Inc. (“HNFS”) and its corporate parent Centene Corporation recently reached with the Justice Department warns all federal government contractors, subcontractors and grant recipients (“federal contractors”) to ensure they can demonstrate their own organizations’ compliance with cybersecurity requirements applicable to their contracts, grants, and program conditions of participation. Continue reading
Posted in Compliance, Cyber, Government Contractor
Tagged business, Cyber Security, news, security, technology
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Federal Services Contractor Pay Violations Costly; Verify Compliance
Businesses contracting or subcontracting with the federal government should verify their worker classification, pay and benefit practices comply with applicable federal prevailing wage, benefit and other requirements to avoid incurring expensive lesions like the one Crystal Enterprises Inc. is learning … Continue reading
Posted in Uncategorized
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Public Companies Warned To Disclose Cyber Risks By $7 Million SEC Penalty
The $7 million in penalties the Securities and Exchange Commission (“SEC”) collected from four current and former public companies warns other public companies and their leaders of the growing risks of making materially misleading disclosures regarding cybersecurity risks and intrusions … Continue reading
Posted in Board of Directors, CEO, CFO, Compliance, Cyber, D&O, data breach, Data Security, Director Liability, Director Liabiloity, FinCEN, Internal Controls, Leadership, management, Officers, Officers Liability, Performance Management, Privacy, Privacy, Risk Management, SEC, sentencing guidelines, Uncategorized
Tagged Compliance, cybersecurity, Data security, directors liability, Federal Sentencing Guidelines, Internal Controls, officers liability, Risk Management, Sarbanes-Oxley, Securities, solar winds, Sox
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DOJ Proposes Tighter Disability Accessibility Requirements For State and Local Government Apps
On August 3, 2023, the Department of Justice published a Notice of Proposed Rulemaking (NPRM) proposing to update the regulations for Title II of the Americans with Disabilities Act (ADA) to better ensure web and mobile app accessibility for people … Continue reading
Posted in Uncategorized
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Sex Harassment Lawsuit Against Landlord Reminder Federal Discrimination Bans Apply To Housing, Other Business Ops Beyond Employmenr
A new Fair Housing Act sexual harassment lawsuit filed against the owner and operator of rental properties in the Pulaski County, Kentucky area reminds business owners and leaders that sexual harassment and other federal civil rights and other discrimination and … Continue reading
New DOJ Voluntary Self-Disclosure Policy Alerts Organizations To Strengthen Sentencing Guideline Compliance Programs
Since the Federal Sentencing Guidelines are key determinants on the criminal liability and sentencing of organizations and their leaders for federal crimes committed by their organization or their employees, organizations and their leaders need to clearly understand the multitude of laws that could trigger their application and the practices necessary to position themselves and their organizations to mitigate liability in the event of a potential criminal violation. Continue reading
Posted in agriculture, antitrust, bank secrecy act, Bankruptcy, Board of Directors, CEO, CFO, Compliance, Cyber, D&O, Director Liability, Director Liabiloity, Employee Benefits, Employment, Fair Debt Collection Practices Act, Fair Debt Collections Act, fda, Fiduciary Responsibility, Government Contractor, Internal Controls, management, Officers, Officers Liability, Reductions In Force, Risk Management, Securities, sentencing guidelines, Tax, Uncategorized, Workforce Management
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Automobile & Other Motor Vehicle Businesses Must Prepare For New FTC Rules
Automobile and other impacted motor vehicle businesses (“should begin preparations to comply with newly proposed Federal Trade Commission rules targeting certain motor vehicle seller’s marketing, sales, leasing and financing practices set forth in the recently published FTC Motor Vehicle Dealers Trade Rule Notice of Proposed Rulemaking (“Proposed Rule”) as well as submit any relevant comments on the Proposed Rule by the September 12, 2022 comment deadline. Continue reading
Texas Supreme Court Extends Special COVID-19 Landlord-Tenant Eviction Rules
The Texas Supreme Court’s Fiftieth Emergency Order Regarding the COVID-19 State of Disaster (50th Order”) published today (April 20, 2022) reissues the judicial relief and procedures previously in effect under its Forty-Eighth Emergency Order (Misc. Dkt. No. 22-9015) in light of the … Continue reading
SEC Proposed Cybersecurity Rules Reenforce Tighten Requirements & Highlight Imperative For Market Involved & Influencing Businesses & Leaders To Clean Up Cybersecurity Practices & Disclosures
Public companies and other market participating or influencing companies and their leaders should begin preparing to comply with enhanced cybersecurity risk management, disclosure, strategy, governance and incident reporting and response requirements of a Proposed Rule the Security and Exchange Commission … Continue reading
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Check Up Updated FinCEN Advisory on Ransomware For Opportunties To Strengthen Defenses
The Department of Treasury Financial Crimes Enforcement Network (FinCEN) updated its 2020 advisory on ransomware and the use of the financial system to facilitate ransom payments on November 8 to add financial red flag indicators of ransomware-related illicit activity to … Continue reading
Raise Cybersecurity & Cyberbreach Compliance & Risk Management To Defend Against Rising Cyber Regulatory & Enforcement Risks
Businesses, their employee benefit plan fiduciaries, their employer and other sponsors, their record keepers, financial advisors and other service providers and other business partners face growing pressure to shore up cyber security and cyber breach compliance and other safeguards to … Continue reading
Posted in Uncategorized
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DOJ Civil Cyber-Fraud Initiative Pressures Federal Contractors & Grant Recipients To Tighten Cybersecurity Controls, Training & Other Safeguards
Federal contractors and grant recipients face heightened need to fix cyber security and data breach compliance as targeted by new Justice Department Civil Cyber-Fraud Initiative. Continue reading
Posted in bank secrecy act, Board of Directors, Compliance, Cyber, data breach, Director Liability, Fair Debt Collection Practices Act, Fair Debt Collections Act, Fraud, Government Contractor, Internal Controls, Labor Relations, Leadership, Officers, Officers Liability, patriot act, Performance Management, Privacy, Privacy, Uncategorized
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Baseball Lesson on Servant Leadership & Teamwork
A lesson in servant leadership and teamwork provides invaluable insights on building and perpetuating great teams and servant leaders. At a fundraising dinner for a school that serves children with learning disabilities, the father of one of the students delivered … Continue reading
Latest Texas Supreme Court COVID-19 Emergency Relief Related Orders Address Jury Trial and Tenant Eviction Rules During COVID Emergency
Texas attorneys and their clients should take note of two two new Texas Supreme Court COVID-19 pandemic related emergency orders issued this week: The 29th Emergency Order extends a previous court order outlining limitations on jury trials to February 1 … Continue reading
College Board Antitrust Settlement Warning To Other Associations About Anti-Competitive Policies & Practices
The National Association for College Admission Counseling and its member organizations (“NACAC”) will eliminate and no longer enforce a series of requirements historically limiting the ability of colleges and universities (“colleges”) to compete for the recruitment of first-year and transfer students long included in the NACAC’s Code of Ethics and Professional Practices ( “Ethics Rules”) under a proposed agreement reached with the Justice Department to settle a civil antitrust lawsuit that charged the NACAC and its members with violating the antitrust rules. Along with eliminating barriers that previously limited competition among colleges for new and transfer students, the lawsuit and its settlement provide an important reminder to other associations and their members about the need to ensure contracts, codes of conduct or other policies or practices don’t improperly fix prices or bids, allocate market share or otherwise restrict or prohibit competition among competitors. Continue reading
Posted in antitrust, Compliance, Internal Controls, Uncategorized
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Live Nation & Radio Music License Committee Targeted In Justice Department Antitrust Activity
Justice Department entertainment industry enforcement action to protect ticketholders & competitors highlights new general antitrust enforcement activism Continue reading
Posted in antitrust, Compliance, Cyber, Data Security, Fair Debt Collection Practices Act, Fair Debt Collections Act, Fraud, Internal Controls, marketing, Privacy, Risk Management, Uncategorized
Tagged Compliance, Employer, Internal Controls, Live Nation, Radio, Risk Management, Ticketmaster
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Robocall Law Raises Fines, Tightens Requirements
Robocallers could be fined up to $10,000 and telephone and other voice providers will face more responsibility to identify and stop the burgeoning robocall epidemic under a bill passed by Congress and awaiting President Trump’s signature. The new rules offer … Continue reading
Chrisley, Other Felony Tax Prosecutions Highlight Growing Tax Criminal Prosecution Risks
Christley tax prosecution, other convictions show advisability of cleaning up and avoiding new employment, income and other tax violations. Continue reading
Rene Augustine Named DOJ Antitrust Division Acting Deputy Assistant Attorney General Responsible for International and Policy
Zurich’s $5.1 million tax penalty reminds US businesses involved in international transactions to comply with US cross border reporting and tax requirements Continue reading
Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, D&O, Director Liability, Employee Benefits, FinCEN, management, Officers, Officers Liability, patriot act, Performance Management, Risk Management, Uncategorized, Workforce
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$5.1 Million Zurich Life Tax Settlement Highlights International Reporting Noncompliance Risks
Zurich’s $5.1 million tax penalty reminds US businesses involved in international transactions to comply with US cross border reporting and tax requirements Continue reading
SBA Urges FMCSA To Exempt Livestock Drivers From Hours Of Service Limits
Livestock haulers troubled by the effects of Federal Motor Carrier Safety Administration (FMCSA) rules limiting driver hours on livestock are getting support for relief from the U.S. Small Business Administration’s (SBA) Office of Advocacy. Livestock haulers have expressed concern that … Continue reading
Posted in agriculture, trucking, Uncategorized
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Harris County Disability Settlement Reminder To Properly Accommodate Customer Disabilies
Businesses and government agencies should heed the reminder of the importance of providing proper accommodation from a new Justice Department settlement with Harris County, Texas announced today. Another in a lengthy series of disability accommodation enforcement settlements, the agreement resolves … Continue reading
Posted in Uncategorized
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Appeals Court Rules Corporation Can’t Deduct Excise Tax Not Paid As Tax Deduction
Federal corporate taxpayers may not deduct as a cost of goods sold expense an excise tax expense that was never actually incurred or paid according the Federal Circuit Court of Appeals just-released ruling in Sunoco, Inc. v. United States, No. 2017-1402 (November 1, 2018). Continue reading
Posted in Board of Directors, CEO, CFO, Compliance, Cyber, data breach, Fraud, Leadership, Privacy, Tax, Uncategorized
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Protect Your Website & Website Data Against Cybersecurity Threats
US-CERT urges organizations and individuals to tighten website security Continue reading
Posted in Board of Directors, CEO, CFO, Compliance, Cyber, data breach, Fraud, Leadership, Privacy, Uncategorized
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Cynthia Marcotte Stamer
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