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New Executive Order Shines Spotlight on Contractor Compliance With Labor Laws

Client Alert | 1 min read | 08.04.14

On July 31, 2014, the Obama Administration issued a new Executive Order that will lead to regulations requiring contractors bidding on procurement contracts in excess of $500,000 to disclose violations of various labor laws (including the FLSA, Service Contract Act, Davis-Bacon, ADA, ADEA, FMLA, NLRA, OSHA, Title VII of the Civil Rights Act and others, as well as "equivalent" state laws) occurring within the preceding 3-year period, make similar representations with regard to certain subcontractors, and provide updated information on a continuing basis after award. The "Fair Pay and Safe Workplaces Executive Order" will also expand the "Franken Amendment" limitation on contractors’ ability to enforce pre-dispute arbitration agreements as to certain types of employee claims and require federal agencies to designate a Labor Compliance Advisor tasked with facilitating compliance with labor laws, including "helping agency officials determine the appropriate response to address violations of the requirements of the labor laws" and "send[ing] information to agency suspending and debarring officials in accordance with agency procedures" (for additional discussion, see here).


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Client Alert | 7 min read | 09.26.24

Banks and Financial Service Providers Take Note: EU Law on Greenwashing and Social-Washing Is Changing – And It Is Likely Going to Have a Wide Impact

The amount of litigation regarding environmental and climate change issues is, perhaps unsurprisingly, growing worldwide.[1] A significant portion of that litigation relates to so-called ‘greenwashing’, ‘climate-washing’ or ‘social-washing’ disputes. In other words, legal cases where people or organisations (often NGOs and consumer groups) accuse companies, banks, financial institutions or others, of making untrue statements. They argue these companies or financial institutions are pretending their products, services or operations are more environmentally-friendly, sustainable, or ethically ‘good’ for society – than is really the case. Perhaps more interestingly, of all the litigation in the environmental and climate change space – complainants bringing greenwashing and social washing cases have, according to some of these reports, statistically the most chance of winning. So, in a nutshell, not only is greenwashing and social washing litigation on the rise, companies and financial institutions are most likely to lose cases in this area....

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