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U.S. Companies Remain Vulnerable to Data Breaches

A recent study by the Ponemon Institute revealed glaring weaknesses in the data-security practices of many U.S. companies. The participants — consisting of 471 privacy and compliance professionals — each answered a series of questions about their company’s preparedness for a data breach. The responses led to some shocking results, among which was a lack of security protocols for mobile devices. Approximately 58% of respondents either admitted that devices were not tested before connecting to company networks or were unsure if this was a requirement, even though 78% indicated that their employer permits personal mobile devices in the workplace.

Chocolate Price-Fixing Scheme Alleged

An alleged Canadian price-fixing scheme leaves Nestle SA's Canada arm, Mars Inc.'s Canada division and ITWAL Ltd., a network of independent wholesale distributors, facing millions of dollars in fines if convicted. Three individuals — current and former company executives — also face potential jail time in the case brought by Canada's Competition Bureau.

New Rutgers Appointee Faces Discrimination Lawsuit

In the midst of the fallout from the scandal involving an abusive basketball coach, Rutgers University president Robert L. Barchi named Gregory S. Jackson as his chief of staff. Barchi made the appointment despite the fact that Jackson was recently named a defendant in a discrimination lawsuit.

Total S.A. To Pay Whopping $398 Million Penalty for FCPA Violations

France-based Total S.A. last month agreed to pay a near-record $398 million to settle U.S. criminal and civil charges that it paid an Iranian official $60 million in bribes to help the company obtain valuable contracts to develop oil and gas fields in Iran.

NLRB to Employee: Be Careful What You Wish For

As we've noted, the National Labor Relations Board (NLRB) has issued several rulings that protect employee rights to discuss pay and working conditions on social-media sites such as Facebook. It has, for example, ruled that an employer's prohibition of electronic posting of defamatory statements about the company was an unfair labor practice that interfered with employees' right to engage in concerted activity.

U.S. Officials Bust $6 Billion Online Money-Laundering Operation

Federal prosecutors have accused Liberty Reserve, a global currency exchange incorporated in Costa Rica, with running a $6 billion online money-laundering operation. Officials arrested seven individuals in the case and charged each with money laundering, operating an unlicensed money-transmitting business and conspiracy to operate such a business. The money-laundering charge carries a maximum of 20 years in prison and the other two charges carry a maximum of five years each.

DOE Warns Against Title IX Retaliation

In the last few months, students at several institutions have filed Title IX complaints regarding sexual discrimination and subsequent mistreatment by their universities, including the University of North Carolina at Chapel Hill, Swarthmore College and Occidental University. The Department of Education (DOE) has recently admonished institutions not to retaliate against students who make such complaints — either with the institution or with the federal government.

EEOC Issues New Guidance on Application of ADA

The Equal Employment Opportunity Commission (EEOC) has issued new guidance on how the Americans with Disabilities Act (ADA) applies to employees with cancer, diabetes, epilepsy, and intellectual disabilities. The revised materials explain what employees with these conditions must show to establish they have a disability and how employers should handle such situations. Specifically, each guide discusses the implications of harassing and/or discriminating against employees with these particular disabilities, when employers may use and disclose medical information relating to these disabilities, and how employers can accommodate employees with these disabilities.

Have You Started Using the Revised Form I-9?

The U.S. Citizen and Immigration Services (USCIS) recently released a revised two-page Form I-9. As of May 7, 2013, employers must use the revised form to verify the employment eligibility of all new hires. Several changes in this version will require hiring managers and/or HR professionals to

Hard Times Strain Ethical Standards

A global economic downturn is putting increasing pressure on employees to engage in unethical business practices, even as many countries are strengthening their anti-corruption enforcement regimes, according to Ernst & Young's 12th Global Fraud Survey, released earlier this month.

ACC Alliance PartnerProskauerWhite & Case