Compliance

Expert Analysis

• Calculating FCA Damages From PPP Fraud May Be Tricky

  

  The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

• Emerging ESG Compliance Obligations For Private Funds

  

  In the absence of U.S. regulation of environmental, social and governance investments, private funds should be aware of two new EU regulations that will apply to all sponsors managing or marketing funds in Europe, says Debbie Klis at Rimon Law.

• On-Site 3rd Party Audits Remain Critical For FCPA Compliance

  

  Even in a pandemic, on-site audits remain the most effective way to ensure third parties' compliance with the Foreign Corrupt Practices Act, but, where they are impossible, there are several control measures companies can take remotely, say economists at Resolution Economics.

• 6 Employment Considerations For M&A Deals Amid Pandemic

  

  As many businesses look to merge with, acquire, invest in or partner with others, acquiring companies and investors must review key employment law complexities, such as wage and hour issues and paid leave obligations, that are magnified by the pandemic and could substantially influence a target’s value, say attorneys at Greenwald Doherty.

• Guest Feature

  5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

  

  The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

• IRS Real Estate Push Should Wake Up Foreign Investors

  

  Two recently announced Internal Revenue Service audit campaigns targeting nonresident alien investment in U.S. real estate should prompt foreign investors to prepare for greater scrutiny as the agency works to improve tax compliance around such transactions, say attorneys at Holland & Knight.

• Highlights From 'SEC Speaks' 2020

  

  At its recent virtual SEC Speaks conference, the U.S. Securities and Exchange Commission emphasized efforts to adapt enforcement to emerging risks amid the pandemic, and warned companies not to use COVID-19 to cover up past mistakes or newly discovered ones, say attorneys at Perkins Coie.

• How The State And Local Regulatory Landscape Is Expanding

  

  States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

• NY Employers Must Prepare For New COVID-19 Closures

  

  Following new business closure requirements targeting areas of New York with clusters of COVID-19 cases, employers should continually monitor the varying levels of restrictions, prepare communications to affected employees, and review workers’ potential leave entitlements, say Leni Battaglia and Daniel Kadish at Morgan Lewis.

• Complying With DOD's Contractor Cybersecurity Rule

  

  Tina Reynolds at MoFo unpacks the U.S. Department of Defense interim rule for measuring compliance with its cybersecurity processes, highlighting how contractors will be assessed, what constitutes protected information, steps to take now and open questions that may require future guidance.

• Beirut Blast Shows Need To Review Ammonium Nitrate Regs

  

  The recent ammonium nitrate explosion in Beirut should prompt renewed scrutiny of how the U.S. regulates use and storage of this chemical, and a stronger focus on policies that balance its benefits against its risks to people and the environment, says Karen Cullinane at Goldberg Segalla.

• Steps For Averting Pandemic-Induced Workplace Violence

  

  With an increased potential for workplace violence due to stresses caused by COVID-19, employers should establish strong policies to deter problematic behavior and consistent procedures for addressing complaints, say Lauri Rasnick and Elizabeth McManus at Epstein Becker.

• Case Law Likely Undercuts DOL's Microsoft Diversity Probe

  

  The U.S. Department of Labor is unlikely to uncover liability in its recent investigation into Microsoft’s attempt to hire more Black managers and executives, because Title VII case law supports private employers' consideration of race among other factors to enhance diversity, says Conor Ahern at Sanford Heisler.

• Takeaways From Calif.'s New Health Insurance Rules

  

  A recently signed law fundamentally alters California's regulation of mental health and substance use disorder treatment and will likely lead to increased litigation and regulatory action based on new insurance coverage requirements, say attorneys at Manatt.

• DOJ Guidance, Indictment Suggest Expanding Crypto Focus

  

  Read together, the U.S. Department of Justice's recently released cryptocurrency guidance and unsealed BitMEX indictment send a strong message that the government is expanding efforts to combat use of digital assets and blockchain technology for criminal purposes, say Benjamin Klein and Deborah Meshulam at DLA Piper.