The National Labor Relations Board (NLRB or Board) has cleared an employer of unfair labor practice charges over its firing of two employees who organized a political protest at the company’s headquarters. In a recently released advice memo, an attorney
Bass, Berry & Sims PLC Blogs
Latest from Bass, Berry & Sims PLC
DOJ Corporate Enforcement Directive Puts Tariff, Trade Compliance in the Crosshairs
The Department of Justice (DOJ) continues to sharpen its focus on trade-related corporate misconduct. In an October 1 memorandum, Assistant Attorney General Colin M. McDonald directed prosecutors in DOJ’s National Fraud Enforcement Division to prioritize corporate fraud investigations involving,
Second Circuit Rejects NLRB’s Tesla Dress Code Test: What the Starbucks Reserve Roastery Ruling Means for Employer Uniform Policies Under the NLRA
The U.S. Court of Appeals for the Second Circuit (which oversees Connecticut, New York, and Vermont) recently issued a decision that could make it meaningfully easier for employers to defend workplace dress code and uniform policies against unfair labor practice
How the State Department’s Immigrant Visa Appointment Pause Affects Employers and HR Teams
I recently authored an article for HR.com discussing the U.S. Department of State’s indefinite pause on immigrant visa appointments and what it means for employers and HR teams. The pause affects individuals pursuing U.S. permanent residence through consular processing abroad,
False Claims Act Enforcement and Employment Practices: What Federal Contractors Need to Know
In my recent interview with Federal News Network, I discussed the Department of Justice’s increasing use of the False Claims Act (FCA) to pursue allegations related to employment practices at federal contractors and what recent enforcement activity means for
False Claims Act Enforcement and Employment Practices: What Federal Contractors Need to Know
In my recent interview with Federal News Network, I discussed the Department of Justice’s increasing use of the False Claims Act (FCA) to pursue allegations related to employment practices at federal contractors and what recent enforcement activity means for
DOJ Fraud Division Directive 26-12: Implications for Corporate Fraud Enforcement
On October 1, 2026, Assistant Attorney General Colin M. McDonald issued Directive 26-12, titled “Corporate Enforcement in the Fight Against Fraud.” It directs prosecutors in the National Fraud Enforcement Division (Fraud Division) to pursue healthcare, government, tax, and trade fraud
New DIU Program Creates Pathway for Nontraditional Contractors to Obtain Facility Clearances
The Department of War’s (DOW) Defense Innovation Unit (DIU) recently launched a new pilot program designed to address one of the longstanding barriers facing commercial companies seeking to enter the classified defense market: obtaining a facility security clearance before they
D.C. Circuit Upholds FRA Buy America Waiver for Brightline West High-Speed Rail Project
In a September 25 decision, the D.C. Circuit concluded that FRA reasonably determined that the required high-speed trains were not domestically available and that the agency adequately explained why a limited waiver was appropriate. The decision resolves, at least for
Corp Fin Updates Its Compliance and Disclosure Interpretations: 7 Revised, 26 Withdrawn
On Friday, September 25, 2026, the SEC’s Division of Corporation Finance updated a large batch of its Compliance and Disclosure Interpretations (CFIs). It revised seven CFIs and withdrew 26 across a variety of topics.