Compliance Stuff

Earlier this year, the Department of Defense (DoD) published an “Intellectual Property Guidebook for DoD Acquisition.” It is the culmination of many years of work and the most insightful data rights guidance out of the Department in at least two decades . Private practitioners may not agree with every characterization of the law and data rights regulations, but the IP Guidebook is particularly commendable for its transparency into DoD’s strategic framework for IP negotiations . Although written for government acquisition professionals, it should be mandatory reading for anyone delivering proprietary technology to DoD or defense contractors. Here are a few key takeaways for contractors: 1. Expect More “Use Case” and “VATEP” Solicitations. DoD’s IP strategy is built largely around the ideal of competitive, interest-based negotiations early in the acquisition lifecycle. [1]  To facilitate such negotiations, DoD has experimented in recent years with different solicitation criteria enco...

The One Big Beautiful Bill Act (OBBBA), which was signed into law on July 4, 2025, establishes the pilot program for the “Trump account,” an investment account for U.S. citizens under age 18 with a social security number. Parents, as well as other tax-paying entities, may contribute to a Trump account on behalf of their child every year until the child turns 18 . The Trump account will operate much like an IRA once the child turns 18. Contributions to a Trump account (which are non-deductible, so made from after-tax funds) are capped at $5,000 a year, and this figure will be indexed to inflation starting in 2027. Children who were born between January 1, 2025, and December 31, 2028, will receive an initial $1,000 federal deposit. Individuals who do not qualify for the initial $1,000 deposit may still open a Trump account if they are eligible. Eligible individuals may open a Trump account beginning January 1, 2026. The OBBBA requires Trump accounts to be invested in “eligible investme...

Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an implementation gameplan to help minimize legal risk and ensure the process goes as planned. Selection decisions should not run afoul of Equal Employment Opportunity (EEO) and other laws relating to employee terminations. Some initial considerations include the following: Selection Criteria.  Are there established criteria to assist in determining who will be laid off or terminated, e.g., performance reviews, job duties, position elimination, years of services/seniority? In other words, what are the non-discriminatory business reasons for the selection decisions? Is there contemporaneous documentation supporting the proposed selection decisions? In a unionized workforce, does the applicable collective bargaining agreement govern the criteria and process for layoff...

A recent decision from the U.S. Court of Appeals for the Third Circuit offers a powerful reminder that workplace rumors—especially those rooted in gender stereotypes—can rise to the level of unlawful harassment under Title VII of the Civil Rights Act of 1964. The case underscores the potential impact of gossip and innuendo, particularly when such rumors are humiliating, pervasive, and tied to protected characteristics like sex. Quick Hits The U.S. Court of Appeals for the Third Circuit has ruled that workplace rumors rooted in gender stereotypes can constitute unlawful harassment under Title VII of the Civil Rights Act of 1964. In  Cuff v. Pennsylvania Department of Corrections , a former correctional officer faced persistent, humiliating rumors about trading sexual favors for preferential treatment, which were perpetuated by both colleagues and supervisors. The Third Circuit emphasized that employers have a duty to address and correct gender-based harassment, as a failure to do s...

The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution . The DOL’s Wage and Hour Division first introduced the Payroll Audit Independent Determination (PAID) Program in 2018 , but it was shut down in 2021. Yesterday’s news that the program has now officially returned follows several other big changes from the DOL: the  reboot  last month of the opinion letter program, a general reduction in WHD staffing levels, and  an announcement  earlier this month that it would not seek liquidated damages in pre-litigation settlements. T he PAID program’s revival highlights the value of employer self-audits and proactive handling of potential wage claims. Here’s what you need to know about it and how it might benefit your organization. Background The  2018 PAID program  was instituted to encourage self-audits of pay practices, and applied to Fair Labor...

You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1 . In addition to changing the measurement of allowable THC levels, HB46 adds qualifying health conditions, authorizes more dispensaries, and expands permissible cannabis products (like lotions and some vapes). This means Texas employers will likely see an uptick in employee cannabis use and accommodation requests . Notably, the new law does not provide employment protections – but there are some key risks to note. So, now is a good time to review and potentially revise your drug testing and accommodation policies to ensure you’re ready for the changes and understand the legal risks . Here’s what you need to know about the Texas Compassionate-Use Program and four things you should consider doing before September 1. Quick Download for Employers The upcoming revisions to the Texas Compassionate-U...