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The Trump wild card: what employers can expect from the new administration

Thursday, January 26, 2017
1:00 PM – 2:00 PM EST
Webinar

With Donald Trump’s election as the 45th president of the United States, and the Republican Party retaining control of both the Senate and House of Representatives, employers can expect some changes.

Join us for an engaging discussion on the Trump administration’s workplace policy priorities, their likely impacts on employers, and what you can do now to prepare for the changes to come. Among the topics to be covered are: the effect on the labor pool of proposed changes in immigration policy; the impact of Obamacare “repeal and replace” on employer-sponsored health plans; compensation issues; the future of regulations covering whistleblowing and human rights protections; the Trump NLRB; the DOL’s Fiduciary Rule; and workplace discrimination. Dentons partner Cynthia Jackson will lead a panel of Dentons lawyers as they tackle these questions and more.

Meeting agenda

Immigration outlook: labor force issues

Campaign promises to increase worksite visa audits and investigations, build a wall along the Mexico border, establish a deportation force, and place new restrictions on immigration from some majority-Muslim countries may become law. The new Administration is likely to adopt policies even before Congress acts. How will these developments impact employers who rely on business visas to hire the best and brightest from around the world? We will predict the future and provide guidance on how employers can prepare now.

The repeal of the ACA and other developments post-ObamaCare

The election of Donald Trump to the presidency, together with Republicans maintaining control of Congress has, for the first time since the Affordable Care Act’s enactment, put the law’s future in serious question. With the new Administration taking the reins of government on January 20, we will discuss the distinct possibility of the ACA’s repeal and replacement, including options for the White House and the expected congressional timeline for debating and passing legislative changes.

Compensation and other DOL regulations

The Department of Labor raced to the end of the Obama administration with a wave of regulatory activity applying to the public sector and government contractors relating to overtime, blacklists, pay equality and sick leave. Courts stalled implementation of some of the more controversial regulations. How will the new administration act in its initial days regarding the recent flurry of regulations?

Whistleblower and human rights developments

During the campaign, President-elect Trump stated that he would dismantle Dodd-Frank, repeal President Obama’s executive orders and unburden companies of excessive regulation. We will address how that will impact whistleblower and bounty hunter programs at the SEC and elsewhere, as well as laws impacting eradication of human trafficking and slavery.

The DOL’s fiduciary rule and the evolution of the NLRB under Trump

The Trump NLRB is expected to reverse recent Board decisions relating to concerted activity, joint employment, election processes and other issues favoring labor. But when will the reversals begin? This presentation will address both NLRB issues and processes during the first year of a Trump presidency. In addition, we will briefly discuss the status and likely future of the DOL’s fiduciary rule.

Workplace discrimination

The Obama administration broadly interpreted Title VII to include anti-discrimination protections on the basis of sexual orientation and gender identity. We will look at whether that trend will continue under Trump. Other current trends in anti-discrimination enforcement and litigation will also be discussed, with a focus on statements made by the President-elect and his team during the campaign and the transition.

Register Now

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The Trump wild card: what employers can expect from the new administration

Disclosing bribery conduct not an easy decision for US companies

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July 8, 2016

Recent non-prosecution agreements between the US Securities and Exchange Commission and two companies—Akamai Technologies, Inc. and Nortek, Inc.—in matters involving FCPA books and records violations stemming from conduct that occurred in China, coupled with corresponding decisions by the US Department of Justice to close its investigations into these two matters, provide some limited insight into how to secure similar resolutions of future investigations. However, the questions that remain regarding the benefits of voluntary disclosure of an organization’s misconduct leave things clear as mud.

Should a US company faced with evidence of bribery by an employee or other agent self report in this post-Yates Memorandum/post-FCPA Pilot Program era? Read more in this client alert by Dentons white collar partners Stephen L. Hill, Michelle J. Shapiro and Brian O’Bleness.

Click to read complete article.

 

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Disclosing bribery conduct not an easy decision for US companies

Update for Immigrant Investors in the US

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The US Citizenship and Immigration Services agency reports faster processing times for immigrant investors in the US under the employment-based, fifth preference immigrant visa (EB5).

The agency reports an average 13.4 month processing time on individual investor petitions and a 5.7 month processing time on the petition to remove the two-year conditional basis of resident status.  The agency reports a 6.1 month processing time on applications to designate new regional centers, amend the designation for existing regional centers, and exemplar petitions for investment opportunities at regional centers.

The USCIS has devoted a number of resources to improving the EB5 process.  The volume of EB5 petitions received, approved, and pending almost doubled from fiscal year 2011 and 2012, and the number denied almost tripled.  The growth in 2013 was not quite as dramatic, but there was growth and the numbers reported for the first two quarters of FY 2014 show that this is likely to be a banner year.  In August 2014, the USCIS added a document library to facilitate submission of digital copies of documents to supplement paper-based filings and this is expected to help reduce lengthy processing times.

At the same time, the USCIS is working more closely with the Securities and Exchange Commission (SEC) and other agencies to improve immigrant investor confidence in the program and reduce fraud.   The SEC posted an Investor Alert to recommend the due diligence investors should take when evaluating EB5 opportunities.

Common industry practices are evolving in the EB5 sector to catch up with new government practices and enforcement patterns.  The leaders who adopt best practices early on have the best opportunity for success in securing immigrant investor funding for their ventures and resident status for their immigrant investors.  Dentons provides clients with a comprehensive and integrated suite of EB5-related legal services – from project finance, securities, immigration and employment to hotel, real estate, franchise, and much more.

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Update for Immigrant Investors in the US

The Battle Against Corruption Has Gone Global, in a Big Way

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Global corporations and sophisticated international business people have long been aware of the risk of corruption and the potential liability that risk creates under the US Foreign Corrupt Practices Act (FCPA).  This liability is both civil and criminal, corporate and personal, and can result in millions — and in some cases billions– of dollars in fines and penalties, not to mention years of imprisonment in federal penitentiaries for corporate executives.  The ever increasing mobility of corporate employees and executives has increased this risk as they have face-to-face encounters with different cultural and legal expectations of customers, government officials, and colleagues around the world.

For a long time, the US Department of Justice was a lone wolf, actively pursuing corruption around the world committed by US and foreign businesses and business people.   In recent years it was joined by the Securities and Exchange Commission which moved from occasional enforcement of the FCPA to creating a dedicated unit focused on pursuing corruption committed by publicly traded corporations.

But the United States doesn’t want to be alone, and has pushed for international adoption of anti-corruption sanctions through international organizations like the Organization for Economic Cooperation and Development (OECD) and by putting pressure on its allies.  This effort has succeeded in a big way — in recent years, anti-corruption legislation has been adopted or invigorated around the world , not just among close US allies like in the United Kingdom, Canada, and Australia, but also in the so-called BRIC economies of Brazil, Russia, India, and China.

Moreover, the traditional American approach of focusing on public corruption—the payment of bribes to public officials for business advantage—is being supplanted, even in the US, by efforts to pursue all forms of  corruption, whether the bribe is paid to a public official or a private person.  Meanwhile many nations are also pursing corporations for the related misconduct of maintaining inaccurate corporate financial records to hide corporate bribery.  In short, the fight against corruption has been taken up by many nations, using many tools, and fighting many forms of bribery.

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But corporations and those involved in international business should not despair.  Despite the complexity of the various schemes around the world, the focus on different prosecutorial tools, and enforcement priorities, it is not difficult to build a single, simple, straight-forward global policy to prevent, deter, and detect corruption that not only recognizes the practical reality of international business, but can actually increase opportunity and profitability.

Exchange

For more on global anti-corruption laws click here.  To see the Dentons Global Anti-Corruption Team click here.

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The Battle Against Corruption Has Gone Global, in a Big Way