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The Department of Justice ( DOJ ) announced yesterday
a criminal indictment returned by a federal grand jury in Las
Vegas, Nevada charging a health care staffing company and its
former manager of entering into and engaging in a conspiracy with a
competitor to allocate and fix the wages of employee nurses in
violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
According to the one-count felony indictment filed in the District of
Nevada, VDA OC LLC (formerly Advantage On Call LLC)
( Advantage ) and Company A, both health care
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On March 18, 2021, the SEC adopted interim final
amendments to implement the Congressionally-mandated disclosure
and submission requirements of the Holding Foreign Companies
Accountable Act (HFCA Act). Enacted on December 18, 2020, the HFCA
Act reflects Congressional concern that securities were trading in
US markets on the basis of audit reports issued by registered
public accounting firms with offices for which local authorities
prohibited complete inspection by the Public Company Accounting
Oversight Board (PCAOB), particularly in the People s Republic
of China.
The amendments will apply to registrants that the SEC identifies
In two recent
In re WeWork Litigation decisions,
Chancellor Andre G. Bouchard of the Delaware Court of Chancery
addressed attorney-client privilege in the corporate governance
context. Both decisions stem from discovery disputes in lawsuits
brought against SoftBank Group Corp. and its affiliated fund
(collectively, SoftBank ) for SoftBank s alleged
breaches of its fiduciary duties as controlling stockholder and its
obligation under a Master Transaction Agreement, entered into in
October 2019, to use reasonable best efforts to purchase up to $3
billion of common stock of The We Company ( WeWork ) in a
tender offer. In each case, SoftBank opposed production of certain
documents and communications, asserting that they were protected by
Seyfarth Synopsis:
This announcement
extends the flexibilities in rules relating to Form I-9 compliance
that was initially granted last year. It also expands the scope of
the in-person exemption benefit to certain employees,
and offers flexibility for companies that are phasing back in
employees, as doing so will no longer trigger the in-person
requirement for all new hires. While an improvement in the
overall dialogue, the guidance leaves uncertainty regarding the end
of I-9 virtual flexibility, and as such, employers should consider
moving away from the virtual completion model while continuing to
heavily document current practices.
With employers impatiently waiting, the U.S. Immigration and
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On March 29, 2021, the SEC s Division of Examinations issued
a Risk Alert emphasizing broker-dealers obligations to monitor
and report suspicious activity. The alert includes observations
from SEC examination staff on the adequacy of firms AML
compliance programs, particularly the detection and reporting of
red flags relating to abrupt increases in volume in low-priced or
thinly-traded stocks. While these are not new regulatory concerns,
they are the subject of renewed focus by staff following the recent
price and volume volatility in certain stocks driven by social