Compliance Stuff

Employers are facing a new risk related to immigration law non-compliance: incentives for immigration whistleblowers. The Department of Justice (DOJ) recently  amended the Corporate Whistleblower Awards Pilot Program (CWAPP)  to encourage individuals, including disgruntled former employees, to report suspected immigration law violations. If a tip leads to a criminal or civil forfeiture of at least $1,000,000, the whistleblower could be rewarded with up to 30% of the proceeds. This development is part of the Trump administration's effort to crack down on immigration violations. Earlier this year, the DOJ announced its objective to prioritize and aggressively prosecute immigration-related cases. Since then, the administration has limited or ended certain visa programs and directed Immigration and Customs Enforcement (ICE) to carry out workplace raids. All employers of non-citizens should take time to understand their legal obligations and limit their exposure now. About the Imm...

Does an employer have recourse when a whistleblower steals confidential information? Companies routinely require employees to sign Non-Disclosure Agreements. These “NDAs” advance the employer’s entirely legitimate interest in protecting confidential and proprietary information. However, a question that often arises is the following: what recourse does an employer have when it learns that, on the way out the door, a former employee accessed extensive confidential information and sent it to their own personal email? Can the employer sue the former employee for breach of contract? Will the employer prevail? This is a topic which courts across the country continue to wrestle with. Resolving the issue requires striking a balance between an employer’s legitimate business interests and the rights of whistleblowers to preserve information needed to advance their legal claims. While the law remains unsettled, most courts consider the following three factors in deciding whether to side with th...

California just released the most comprehensive, forward-looking AI policy framework we've seen from any US jurisdiction to date – and it is expected to lay the groundwork for legislation and regulation we could see emerge in the next year . Even as Congress debates whether to ban state-level AI laws for the next decade, California is charging forward with a detailed blueprint that could also set the tone for AI regulation nationwide. So what does the June 17  California Report on Frontier AI Policy  mean for your business? And how should you respond? The Big Picture: California Steps Into the Leadership Void The June 17 report ( which you can read here ) was prepared by an expert working group at the request of Governor Gavin Newsom. You might recall that,  after he vetoed the legislature’s attempt at regulating AI systems last year , Newsom called upon AI experts to recommend a framework for a proposed law that would balance the needs of safety with innovation. Last we...

Here’s a tough one for all you compliance professionals who like to think about artificial intelligence: how would you handle an AI agent in your enterprise that, all on its own, decides to report suspected misconduct directly to regulators?  This is no longer a theoretical question; it’s a possibility embedded within Claude Opus 4, the latest AI software system developed by Anthropic, which released Claude 4 to the public last week. Anthropic also r eleased a report summarizing the testing developers performed on Claude 4  and the behavior they observed — and under certain circumstances, Claude 4 decided for itself to report suspected wrongdoing to regulators, law enforcement, and the media. To be clear, Claude 4 never actually alerted regulators to any real misconduct at real companies. This all happened in testing environments, using fake information and isolated from the real world; and the tests gave Claude 4 expanded permissions to act independently that the standard Cl...

The Justice Department has announced new, more relaxed policies for when it will prosecute corporate crime, promising “a clear path to declination” that bypasses the criminal resolution process entirely for companies that self-disclose and remediate their misconduct.   Matthew Galeotti , acting head of the Criminal Division at the Justice Department,  announced the new policy in a speech he delivered Monday . In many ways the new policy follows previous corporate enforcement policy under the Biden Administration, with an emphasis on voluntary self-disclosure, cooperation with prosecutors, and timely remediation of the offenses.  This new policy goes even further, however, clearly states that companies meeting all three criteria  will  receive a declination, not just the “presumption of a declination” standard that had existed previously.  Galeotti “ Those companies that meet our core requirements — voluntarily self-disclose to the Criminal Division, fully c...

When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health. This guide outlines critical steps and best practices to help contractors navigate the complex terrain following a workplace injury. The Boss's Checklist: Do These Things ASAP After the Injury 1.  Render Medical Aid and Secure the Area.   Your first priority should always be the injured employee's wellbeing. Ensure they receive prompt medical attention and secure the accident area to prevent further injuries. 2. Get an attorney involved immediately  to invoke key legal privileges that may protect certain communications and investigations. For example, your attorney can help you document the accident without unnecessarily creating evidence (such as witness statements) that may be discoverable in litigation. 3. Preserve All Evidence.  When a workplace acci...

  In the DOJ’s 2024 update to the Evaluation of Corporate Compliance Programs (2024 ECCP) , compliance professionals face new expectations that could reshape how we approach compliance programs. In this latest update, the DOJ strongly emphasizes data-driven insights, focusing on compliance culture, employee engagement, and organizational trust. This means that compliance programs must now focus on policies and procedures and prove that these practices are embedded into the company culture and yield measurable outcomes. The implications of these new standards extend across every aspect of compliance, from audits to employee training and risk assessments. In this post, we’ll explore the key areas of the 2024 ECCP, discussing why the DOJ’s new focus on data and culture is significant and how compliance professionals can adjust their strategies to align with these expectations. A New Focus on Data: The Backbone of Modern Compliance One of the most critical shifts in the 2024 ECCP is t...