House Passes Bill to Limit Trading by Insiders around Form 8-K Filings

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House Passes Bill to Limit Trading by Insiders around Form 8-K Filings

By Scott Holley

January 23, 2020

Earlier this month, in a bipartisan vote of 384 to 7, the U.S. House of Representatives passed the 8-K Trading Act of 2019. A similar bill has been introduced in the Senate and given the bipartisan support in the House, is likely to pass in the Senate when considered. The proposed law stems from academic research that suggests corporate insiders that trade around the filing of Forms 8-K regularly beat the market in the…

Don’t Miss the GovCon 2020 Small Business Summit | March 11-12 in Tampa

By Todd Overman & Richard Arnholt

January 22, 2020

The GovCon 2020 Small Business Summit will take place in less than two months in Tampa. Todd Overman will be a panelist with industry representatives discussing the importance of the Contractor Performance Assessment Reporting System (CPARS) for growing companies, and Richard Arnholt will moderate a panel with several mid-tier firm representatives on the use joint ventures and teaming in federal procurements. We will host the networking reception, and our team will be onsite for one-on-one…

U.S. District Court Deals Rare Defeat to OFAC in U.S. Sanctions Matter

By Thad McBride

January 21, 2020

$2 million penalty against Exxon overturned Court concluded that OFAC failed to provide clear notice of violative conduct Companies are at risk when acting in context of ambiguous agency guidance At the end of December 2019, the U.S. District Court for the Northern District of Texas vacated a $2 million penalty that the U.S. Treasury Department, Office of Foreign Assets Control (OFAC) had imposed against ExxonMobil for alleged violations of U.S. sanctions related to Russia…

Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?

By Robert Horton & Lymari Cromwell

January 16, 2020

Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA), there are differences in how each condition is treated under the law. Understanding these differences is essential for any HR professional in implementing a plan after discovering that an employee’s work performance or ability to work is being affected by alcoholism or substance…

Protecting Your Intellectual Property – SBIR/STTR Technology & Commercialization Forum – February 18, 2020

By Todd Overman

January 9, 2020

I will present at Tennessee PTAC’s SBIR/STTR Technology & Commercialization Forum: DOE/DOD Research Update which takes place at the Oak Ridge Associated Universities Pollard Technology Conference Center on February 18, 2020. Attendees will hear directly from Department of Energy (DOE) and Department of Defense (DOD) program experts about funding opportunities for innovation and how to take advantage of these opportunities. The forum will feature impactful training and networking sessions. My session is titled, “Protecting Your…

Don’t Forget: Update SEC Filing and Proxy Calendars for Leap Year 2020

By Jay Knight

January 8, 2020

This is a friendly reminder to our clients and friends that 2020 is a leap year, which means there is an extra day in the calendar: February 29, 2020. Therefore, when updating your internal SEC reporting and proxy calendars, please keep this added day in mind. For example, instruction G(3) of Form 10-K provides that the information required by Part III (Items 10, 11, 12, 13 and 14) may be incorporated by reference from the…

No-Nicotine Hiring Policies

By Tim K. Garrett

January 7, 2020

In light of U-Haul’s recent announcement it will no longer hire nicotine users in many states, I recently discussed the laws governing this company policy. Many states, such as Tennessee, implemented laws decades ago that protect smokers. However, as I stated in the article linked below, Tennessee’s “statute is silent as to whether this protects someone from not being hired.” My take is that “employers will likely be watching closely how refusing to hire smokers…

Inside the FCA

Update: Third Circuit Allows Allegations of Improper Compensation under the Stark Law to Proceed, but Reverses Controversial “Varies with Volume or Value” Reasoning

By Anna Grizzle

December 27, 2019

On December 20, 2019, the U.S. Court of Appeals for the Third Circuit granted in part a petition for rehearing filed by the University of Pittsburgh Medical Center (UPMC) in a False Claims Act (FCA) case that has generated considerable attention among hospitals and health systems due to its treatment of commonplace, productivity-based physician compensation models. Ultimately, the Third Circuit vacated its original September 17, 2019 decision and issued a revised opinion reversing its holding…

Conducting Workplace Investigations: Step #4 – Perfect the Plan

By Bass, Berry & Sims

December 17, 2019

https://vimeo.com/380100235 We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #4: Perfect the Plan. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct, through the investigation process. Each video in this series offers practical tips on everything from creating the investigation plan; interviewing relevant parties; and…