We recently gathered a group of regulatory attorneys from across Reed Smith to provide a rundown of the key trends to watch for in Q3 2024 – if you missed the webinar, you can access the recording on demand.
Please see a short summary of our top takeaways below and look out for an invite to the next installment of this quarterly series – we hope you can join us!
FCA enforcement hot topics and emerging trends
- DOJ and relators’ counsel are focused on cybersecurity compliance by government contractors and grant recipients, as well as potential FCA liability. Obligations include safeguarding protected information, accurately representing cybersecurity practices and protocols, and maintaining ongoing monitoring and reporting of incidents. Best practices start with a thorough assessment of statutory, regulatory, and contractual obligations.
- DOJ has emphasized its commitment to holding private equity firms accountable, including encouraging disclosure of misconduct discovered during M&A due diligence.
- Buyers and sellers should be aware of the risk of waiving privilege over diligence memos by sharing them during the pre-acquisition phase.
EEOC enforcement guidance on harassment in the workplace
- Employers should roll out training focused on the areas highlighted in the new EEOC guidance.
- Among other takeaways from the EEOC guidance, communications on private phones, computers, and social media may constitute harassment if they impact the workplace.
- Once on notice of potential harassment, employers should initiate a “prompt and adequate” investigation, mindful of potential conflicts and the possibility that credibility determinations will have to be made.