Compliance Stuff

On August 7, 2025, President Donald Trump released an executive order to attempt to permit alternative assets among 401(k) investment options. It marks a shift away from Biden-era  guidance  that discouraged alternative assets in 401(k)s. Quick Hits President Trump’s executive order directs the DOL to revisit its guidance on alternative assets in 401(k) plans and coordinate with other regulators to expand investment options. If the DOL issues regulations, enforcement risk from the agency will likely decrease, but plan sponsors may face more participant lawsuits over investment risk, fees, or performance. To limit liability, plan sponsors may want to consider ensuring alternative assets qualify for ERISA § 404(c) protection and maintain strong due diligence, disclosures, and monitoring. Background Executive Order 14330  aims to expand 401(k) investment options by allowing access to alternative assets, such as private equity, real estate, and digital assets. The order dire...

This article recaps Department of Justice guidance since the Trump Administration took office in January. These are topics we’ve addressed in previous articles and alerts, and are presented here in summarized form.  Upon taking office in January 2025, President Donald Trump and Attorney General Pam Bondi indicated a pro-business shift in its white collar enforcement priorities. A May 2025 Department of Justice memo stated, “[O]verbroad and unchecked corporate and white-collar enforcement burdens U.S. businesses and harms U.S. interests,” and “[n]ot all corporate misconduct warrants federal criminal prosecution”. The memo also called for an increased investigative pace of investigations to reduce the burdens such inquiries place on businesses. But a pro-business shift doesn’t mean the Administration or the DOJ doesn’t have enforcement priorities—and businesses need to be aware of these.  Some of these are familiar, such as health care fraud, securities fraud, and market manipul...

In today’s digital landscape, a website privacy policy is no longer just a legal formality—it’s a critical shield for your business and a trust-building tool for your customers.  Here’s why every company should prioritize providing your customers a comprehensive privacy policy: Legal Compliance is Non-Negotiable For businesses subject to them, multiple data protection laws and regulations worldwide – including GDPR in Europe, CCPA in California, and a growing set of laws in other states – mandate clear privacy disclosures .  Failing to have a compliant privacy policy can result in significant financial penalties, consumer protection claims, and reputational risks that could cripple your business.  These laws and regulations aren’t just suggestions—they’re legal requirements with real consequences. Build Customer Trust and Transparency Consumers are increasingly privacy-conscious.   A clear, transparent privacy policy demonstrates your commitment to protecting user d...

Legislators in Maine recently passed a bill to limit the types of surveillance and monitoring employers can place on employees. On July 8, 2025, Governor Janet Mills held the bill, meaning it did not become law, but it could be reconsidered during the next legislative session, which begins January 6, 2026. Quick Hits On May 29, 2025, Maine’s legislature passed a  bill  to regulate employer surveillance of employees. On July 8, 2025, the governor held the bill, so it did not automatically become law without her signature. The bill would have prohibited employers from using audiovisual monitoring in an employee’s residence or personal vehicle or on the employee’s property. House Paper 25 would require private and public employers to inform employees before using electronic surveillance or monitoring technology, colloquially called “bossware.” Employers would be obligated to inform applicants during the interview process that the employer uses surveillance technology. The bill w...

The Family and Medical Leave Act (FMLA) provides critical job-protected leave for employees facing serious health conditions or family needs. However, the protections of the FMLA are not absolute, and employees may find themselves without its shield when an employer honestly believes they have engaged in FMLA fraud. A recent case from the U.S. Court of Appeals for the Sixth Circuit offers a cautionary tale for both employers and employees about the consequences of FMLA fraud and the importance of maintaining integrity in the administration of leave. Quick Hits The U.S. Court of Appeals for the Sixth Circuit has ruled that an employee on FMLA leave may be discharged based on the employer’s honest belief that the employee has lied about the need for such leave. The FMLA protects eligible employees from retaliation or interference when taking qualified leave, but it does not insulate employees from discipline for fraudulent or dishonest conduct. Employers may investigate suspected FMLA ab...