December 13, 2022
Volume XII, Number 347
December 13, 2022
– Renewed Era of Crypto Assets Growth in Hong Kong by: Jay Lee
– Division I Universities Must Be Ready for Changes to the NCAA…by: Paul V.Kelly
– Damages in Pre-Certification Discovery are Premature, Discovery…by: Jenniffer Cabrera
– When Chains Change, Do NFTs Stay The Same? How Hard Forks May Affect…by: Jason H.Finger
– COVID-19: A Roadmap to Fraud Investigations: Office of Inspector…
by: Stephen D.Bittinger
– Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting…by: Abby M.Warren
– DOJ Antitrust Division and HHS OIG Enter into Partnership to Increase…
by: Diane Hazel
– Can Discovery Be Compelled from a Party? Possession, Custody, Control…by: Kathryn C.Cole
– Weekly Bankruptcy Alert December 13, 2022 by: Bankruptcy & Creditors’ Rights
– All Things Chemical® Podcast: TSCA Regulation of Articles: The Saga…by: Lynn L.
Bergeson
– Energy & Sustainability M&A Activity — December 2022 by: Thomas R.Burton, III and Sahir Surmeli
– Energy & Sustainability IP Updates — December 2022 by: Brad M.Scheller
– SEC Reopens Proposal on Stock Buyback Rules by: Erin Reeves McGinnis
– Chips Chatter: December 5-12, 2022 by: Pablo E.Carrillo and Ludmilla L.
Kasulke
– How may behavioral advertising trackers do websites deploy currently? by: David A.Zetoony
– FRB Proposes Climate-Related Financial Risk Management Principles by: Daniel Meade
– Energy & Sustainability Litigation Updates — December 2022 by: Jacob H.Hupart
– Cross Border Recognition, 25 years on: the view from each side of the…by: Michelle N.Saney
– A New Era of Technology in the Private Markets by: Louis Lehot and Christopher Converse
– New York City Postpones Enforcement of Automated Employment Decision…by: Simone R.D.
Francis
– New Law Seeks To Curtail Coerced Debts by: Keith Paul Bishop
– Republican SEC Commissioners Continue to Criticize Proposed Climate…by: Jacob H.Hupart
December 12, 2022
– Raters gonna rate…but there’s a bright side! by: Daniel B.Guggenheim
– SEC Awards More than $20 Million to Whistleblower by: Mary Jane Wilmoth
– Estate Planning for Football Season Ticket Holders by: Katherine M.Szymanski and Rebecca K.Wrock
– American Hospital Association Urges DEA to Issue Special Registration…by: Nathaniel M.
Lacktman
– EPA Announces $25.7 Million in Grants to Support Water Systems in…by: EPA
– Weekly IRS Roundup December 5 – December 9, 2022 by: Tax Practice Group McDermott Will Emery
– CMS Announces Strategy on Value-Based Payments for Specialty Care by: Anahita Anvari
– DOL Proposes Self-Correction Option and Other Changes to Voluntary…by: Justin S Alex
– The City of Los Angeles’ Fair Work Week Ordinance Requires…by: Tomi Oshita
– Recent Developments in Telehealth Enforcement by: Sara Helene Shanti and Danielle Vrabie
– ESG INVESTING AND PROXY VOTING: DOL’S NEW FINAL RULE by: Kristina M.Zanotti and Ruth E.Delaney
– IN A NEW YORK MINUTE, Telemarketing Laws Are Changing! by: Angelika Munger
– More Places, Less Spaces: California is Driving Down Development Costs by: Amanda S.Lee
– Bereavement Leave Becomes Mandatory in the Golden State by: Kaleb N.Berhe
– New Year Brings New Laws for Illinois Employers by: Mikela T.
Sutrina and Katherine H.Oblak
– Decision in U.S.v.Holland by: Gabriel L.Imperato
– Top Five Labor Law Developments for November 2022 by: Jonathan J.
Spitz and Richard F.Vitarelli
– “Cold-Pressed Juice” Lawsuit Permanently Dismissed by: Food and Drug Law at Keller and Heckman
– USPTO Releases New Guidelines Shortening the Response Deadline in…by: Luna M.Samman
– ‘No Exit’: SEC Sanctions Investment Adviser for Impeding…by: Peter D.
Hutcheon
– TradeTalk China: December 2 – December 9, 2022 by: Pablo E.Carrillo and Ludmilla L.Kasulke
– $10.3 Million in Grants Awarded to Improve the Health of Long Island…by: EPA
– RE-STRUC: Tax Changes as of 2023 by: Thomas van der Vliet and Louisa van Isselmuden
– The CAC Assessment Collection – Part 2: What Must Be Done Before…by: Amigo L.Xie and Dan Wu
– Here We Go Again: Lesser Prairie-Chicken Re-Listed Under the…
by: Karma B.Brown and Linda Trees
– What’s more common: opt-in, opt-out, or notice cookie banners? by: David A.Zetoony
– An Unstoppable Force Meets an Immovable Object: Microsoft to Fight…by: Jonathan Rubin
– Who Qualifies As An Expert Witness? by: Keith Paul Bishop
December 11, 2022
December 10, 2022
– Are Loans Securities? by: Leah Edelboim
– Fund Finance Credit Availability in 2023: Not Just Banks by: Cadwalader, Wickersham & Taft LLP
– Fund Finance Credit Availability Still Locked In by: Cadwalader, Wickersham & Taft LLP
– Shanghai Pudong Court Issues Preliminary Injunction in Chinese World…by: Aaron Wininger
– Caution Advised for Language in Employment Settlement and Severance…by: Arthur Cunningham
Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting Contractors Starting January 2023
As an update to our October 12, 2022 post regarding the deadline for federal contractors and first-tier subcontractors to object to disclosure of their Type 2 Consolidated EEO-1 reports from 2016 to 2020, the Office of Federal Contract Compliance Programs (OFCCP) has provided federal contractors with more information regarding the release of such information.
Specifically, non-objecting contractors began receiving e-mails from the OFCCP as early as November 22, 2022, notifying them of the agency’s intent to release the EEO-1 data beginning on January 2, 2023.The e-mail stated that if the contractors believe the OFCCP sent this message to them in error – for example, if the company filed objections or did not meet the requirements for disclosure during a specific time period – contractors should reach out to the OFCCP as soon as possible, but no later than January 2, 2023.
The OFCCP also appeared to give another opportunity for contractors to object to the release of the EEO-1 data, provided the contractor can explain the delay, even if they did not submit an objection during the designated time period, which ended on October 19, 2022.
If the OFCCP finds there was good cause for the lack of an objection filed during the earlier time period, it may consider the substance of the untimely objection.
(Notwithstanding, we note that the OFCCP’s rollout timeline does not include any updates after the October 19, 2022 extension.)
In related news, the Center for Investigative Reporting, the group related to the investigative reporter who submitted the Freedom of Information Act (FOIA) request to the OFCCP, filed a lawsuit against the Department of Labor (DOL) in the United States District Court in the Northern District of California.The lawsuit alleges that the DOL violated the FOIA and is seeking an injunction to require the OFCCP to release the EEO-1 data, regardless of whether the contractor filed objections.
This week we are pleased to have a guest post by Robinson+Cole Labor and Employment Group lawyer Sapna Jain..