Braden Perry was recently interviewed by Corporate Secretary regarding the Walmart v. Indiana Electrical Workers Pension Trust Fund IBEW ruling, imputing knowledge on Board of Directors. The ruling, which many believe will expand director accountability for knowledge of documents never received and cloud the attorney-client privilege, allowed institutional investors to inspect corporate documents related to Walmart’s internal investigation of suspected bribes at its Mexican operations. According to Perry, “companies should have clear policies that outline documents subject to books and records requests. There should also be clear reporting and communication lines to ensure board members have knowledge of facts for which they may be held accountable.”
In May, the Federal Trade Commission (FTC) sent warning letters to 10 of the 45 data broker companies following a test-shopping operation, warning that their practices could violate the Fair Credit Reporting Act (FCRA).
The test-shopping operation was performed by non-attorney FTC staff members posing as individuals or representatives of companies seeking information about consumers to make decisions related to their creditworthiness, eligibility for insurance or suitability for employment.