Category Archives: Compliance

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

Posted in Civil rights, Compliance, Housing, Performance Management, real estate, Risk Management, Sexual harassment, Workforce | Leave a comment

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 | Leave a comment

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

Posted in antitrust, CEO, CFO, Compliance, Director Liability, Director Liabiloity, Regulatory Affairs, Risk Management, Uncategorized | Leave a comment

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

Posted in Board of Directors, CEO, CFO, Compliance, discrimination, discrimination, education, Employment, Government Contractor, Internal Controls, Labor Relations, landlord tenant, Uncategorized, Website accessibility | Leave a comment

$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

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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 , , , , , , , , , , , | Leave a comment

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

Posted in CEO, CFO, Compliance, discrimination, Government Contractor, Internal Controls, landlord tenant, Leadership, management, Officers, Officers Liability, Performance Management, real estate, Risk Management, Uncategorized | Leave a comment

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 | Leave a comment

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

Posted in Board of Directors, Compliance, Internal Controls, marketing, Performance Management, Risk Management, Uncategorized | Tagged , , , , , , , , | Leave a comment

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 | Leave a comment

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 | Leave a comment

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 , , , , , , | Leave a comment

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

Posted in Compliance, Cyber, Data Security, Fair Debt Collection Practices Act, Fair Debt Collections Act, Fraud, Internal Controls, marketing, Privacy, Risk Management, Uncategorized | Tagged , , , , , | Leave a comment

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

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 | Leave a comment

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 | Comments Off on Rene Augustine Named DOJ Antitrust Division Acting Deputy Assistant Attorney General Responsible for International and Policy

$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

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 | Leave a comment

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 | Leave a comment

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 | Leave a comment

12/17 Deadline to Comment on EPA’s Proposed Improvements to Methane Rule Governing New Oil and Gas Sources


12/17 Deadline to Comment on EPA’s Proposes Improvements to Methane Rule Governing New Oil and Gas Sources Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

11/27 Deadline To Comment On Proposed SBA Express Loan Programs and Affiliation Programs Rule Changes


11/27 Deadline To Comment On Proposed SBA Express Loan Programs and Affiliation Programs Rule Changes Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

FinCEN Warns US Businesses & Individuals Of corruption Related Risks Of Nicaraguan Investments or Dealings


FinCEN Warns US Businesses & Individuals Of corruption Related Risks Of Nicaraguan Investments or Dealings! Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

Comment on USDA Canola, Corn and Soybeans Rules


The USDA is inviting comments on U.S. Standards for Canola, Corn and Soybeans On June 29, 2018, the U.S. Department of Agriculture’s Animal Plant Health Inspection Service (APHIS) published three proposed rules regarding U.S. Standards for Canola, Corn and Soybeans … Continue reading

Posted in Compliance, fda, food | Leave a comment

IRS Warns About Refund E-Mail Scam


In an April 9 news release, the IRS identifies a new bogus email pretending to be from “IRS Refunds,” and containing a link that connects to a fake page where thieves try to steal personally identifiable information, such as Social … Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, Cyber, data breach, Fraud, Leadership, Privacy, Uncategorized | Leave a comment

Manage Better By Managing Emotion In Messages


Consciously manage the emotion in your message to manage others better. Research shows people don’t actually respond to language that’s positive or negative. They respond to language that’s emotional. Emotion in language can motivate or alienate, deliver criticism or coaching, … Continue reading

Posted in Arbitration, Board of Directors, CEO, CFO, Compliance, Director Liability, Dispute Resolutuon, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, Leadership, management, Officers, Performance Management, Reductions In Force, Risk Management, Workforce, Workforce Management | Leave a comment

Secure Devices With Auto-Tracking


Secure devices using mobile tracking. Continue reading

Posted in Compliance, Cyber, data breach, Data Security, Privacy, Risk Management | Tagged , , | Leave a comment

Corporations As Human Bodies


People too often characterize corporation as if they are some amorphous entity disconnected from humanity. This is a mistake. Corporations by their very essence are collections of people interacting with and impacting other groups of people.. People run them. People … Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, Employment, Internal Controls, Labor Relations, Leadership, Stock Plans, Uncategorized | Leave a comment

Check Patriot Act Controls For New FinCEN Rules Targeting North Korea Connected Transactions


Banks and other financial institutions need to review their current USA PATRIOT Act procedures and safeguards in response to an alert and a new final rule relating financial institutions published by the U.S. Department of the Treasury’s Financial Crimes Enforcement … Continue reading

Posted in bank secrecy act, Compliance, Cyber, Data Security, Internal Controls, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

Reconstruct Records After a Disaster


Are you trying to help your business or family clean up the mess and recover from a hurricane, flood, fire or other disaster? Reconstructing records to prove a loss for tax purposes, getting federal assistance, or insurance reimbursement often is … Continue reading

Posted in CEO, CFO, Compliance, Internal Controls, Risk Management, Tax, Uncategorized | Leave a comment

Hurricane Impacted Financial Institutions Tell FinCEN If BSA Reports Delayed


FINRA Reporting by Hurricane Impacted Financial Institutions
Continue reading

Posted in bank secrecy act, Bankruptcy, Board of Directors, CEO, CFO, Compliance, Director Liability, Internal Controls, Officers, Tax, Uncategorized | Tagged , , , , , , , , , , , , | Leave a comment

Use Lessons Of Past Mistakes or Injustice To Build Better Future


Moving beyond mistakes & injustice Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, Director Liability, discrimination, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, Leadership, Officers Liability, Performance Management, Uncategorized, Workforce, Workforce Management | Leave a comment