A company’s I-9 file, which often goes unnoticed by all but a few HR professionals, can carry significant risk. Form I-9 files often serve as landmines for fines, penalties, and sanctions. Companies can mitigate these risks by conducting periodic Form I-9 audits.
This week, the Department of Justice’s Civil Rights Division and the Department of Homeland…
Two recent developments in data privacy litigation highlight the continuing challenges to companies that collect internet usage information without clearly disclosing the manner and method in which they are doing so to users. As these events demonstrate, plaintiffs’ attorneys are aggressively bringing actions against companies that collect user data, including through the invocation of California’s…
Employers take note: a new Form I-9 is in the making. U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security, announced on November 24, 2015, that it is seeking public comment on the various proposed changes. The proposed changes will have far-reaching impact because all employers are required to complete and…
Consumer Financial Protection Bureau (CFPB) Director Richard Cordray recently issued a warning to mortgage technology vendors for a lack of compliance with the CFPB’s TILA-RESPA Integrated Disclosure (TRID) Rule. Addressing the Mortgage Bankers Association’s Annual Convention and Expo, Cordray said he was “disturbed” by vendors’ lack of effort to implement the rule, despite having…
The Consumer Financial Protection Bureau (CFPB) recently provided guidance discouraging mortgage industry participants from entering into marketing services arrangements (MSAs). An MSA is an agreement under which a settlement service provider, such as a real estate broker, agrees to market and promote another provider’s services − such as that of a title company − in…
A whistleblower was recently denied any portion of the Government’s recovery in a False Claims case despite the Government obtaining a settlement of approximately $322 million. The decision arose in the case of United States ex rel. Swoben v. SCAN Health Plan, Case No. 09-cv-5013-JFW pending in the United States District Court for the…
Although litigants frequently contend that the opposing party’s arguments are without factual or legal support, it is uncommon and unconventional for a litigant to contend that the opposing party has violated the FCA by advancing a purportedly weak legal argument. Despite the apparent oddity of such allegations forming the basis for an FCA claim, the…
The CFPB recently obtained preliminary injunctions against debt-reduction company World Law Group, its affiliates and its owners, thereby freezing the company’s assets and stopping all further operations pending the outcome of a CFPB lawsuit against the company. The injunctions, issued on September 2 and September 14, come on the heels of the complaint…
In United States ex rel. Wilhelm v. Molina Healthcare of Florida, No. 12-24298, 2015 WL 5562313 (S.D. Fla. Sept. 22, 2015), the court provided further clarification on two frequently litigated issues of the FCA’s public disclosure bar: (1) whether the date of filing or the date of the alleged FCA violation controls for determining…
The EU and U.S. reached an agreement on Tuesday (9 September) which will enable the two sides to exchange personal data during criminal and terrorism investigations.
The so-called “Umbrella Agreement” comes after four years of negotiations between the EU and U.S. and will protect personal data exchanged between police and judicial authorities in the course…
