Sunday, September 27, 2020

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OFCCP Audits Are Coming: 6 Tips to Help You Prepare

If your company is on OFCCP's newly released audit for this year, PilieroMazza’s Labor & Employment team suggests six tips to properly prepare, to...

Federal False Claims Act Wrap Up – September 2020

Miles & Stockbridge looks at two recent federal decisions concerning the False Claims Act: In Ndoromo v. Barr, a plaintiff representing himself sued the federal government under the False Claims Act, after it seized his funds and personal property in a civil forfeiture action. The judge dismissed the claim, noting that the FCA is supposed […]
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Tracking Fraud, Waste and Abuse of COVID-19 Relief Funds

DOJ has launched more than 50 criminal prosecutions against entities who allegedly fraudulently sought or obtained Paycheck Protection Program loans and other funds that Congress appropriated in response to the pandemic. The prosecutions vary in scope, but in many instances the defendants are borrowers who allegedly lied to lenders about their eligibility, payroll needs, or […]
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False Claims Act Update: Third Circuit Widens First-to-File Circuit Split

Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is jurisdictional. Widening an existing circuit split on the issue, the court held that the first-to-file bar is […]
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The Importance of the Internal Audit and Compliance Partnership

Responding to the International Institute of Auditors’ recent proclamation of a revised and controversial Three Lines of Defense Model, which he feels “misses the mark,” Michael Volkov underscores the importance of the internal audit and compliance functions to effective internal controls, including ethics and compliance programs. “Internal audit and compliance need to work together,” Volkov […]
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Beyond Mere Legal Compliance

Caroline M. DiMauro of Jackson Lewis advises that companies’ treatment of employees during the current upheaval in the workforce — beyond termination decision-making or strict legal compliance — can affect their exposure to employment issues. “While companies should always focus on the legal risks associated with their employment decisions, often it is the less obvious, […]
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OFCCP Takes Next Step in Establishing an Annual AAP Certification Program

The OFCCP has published an Information Collection Request saying the agency is seeking “authorization for an annual Affirmative Action Program online certification process for federal contractors and for a secure method for federal contractors to submit AAPs electronically to OFCCP when they are scheduled for a compliance evaluation.”  The notice requests public comments, which are […]
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More Contractors In Queue For Compliance Evaluations

The Office of Federal Contract Compliance Programs has released new Corporate Scheduling Announcement Lists, identifying contractor locations that will be subject to review, and the type of review to be scheduled. The CSAL for supply and service contractors includes 2,250 establishments – restoring institutions of higher education to the list – and the following types […]
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Can Compliance Negate Intent? The Case for Continuously Customizing Compliance Programs

Attorneys at Troutman Pepper Hamilton Sanders note that while compliance programs are traditionally thought of in terms of their defensive value – as a basis for cooperation credit or a mitigating factor in a damages analysis – DOJ’s updated “Evaluation of Corporate Compliance Programs” guidance reminds us that prosecutors are also instructed to consider the […]
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OFCCP Issues Its 2020 Audit List – Was Your Company On It?

On September 11, 2020, OFCCP released its Corporate Scheduling Announcement List (CSAL). The list identifies 2,250 supply and service contractor establishments and 200 construction contractor establishments selected for compliance evaluations. Note that the list merely notifies contractors that they will be audited in the future, which gives them time to prepare. Read the full post […]
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