US: 46.8M Cases - 766.3K Dead - 36.7M Recovered
Worldwide: 247.5M Cases - 5M Dead - 224.2M Recovered

Former Senior Loss Prevention Executive
Know of any fallen LP exec? Let's remember & recognize.

Private Industry Security Guard Deaths: 322  
Law Enforcement Officer Deaths: 498
*Red indicates change in total deaths

Global Covid-19 Deaths Surpass Five Million
World Reaches Another Grim Milestone as Global Cases & Deaths Rise for First Time in Two Months
The number of people who have died from Covid-19 around the world has surpassed five million, according to data held by the Johns Hopkins University (JHU) Coronavirus Resource Center.

JHU's global tally of deaths reached 5,000,425 at 4:50 a.m. ET on Monday. It reports that 197,116 people have died of Covid-19 worldwide in the past 28 days. The number of coronavirus cases officially reported globally stands at 246.7 million since it was first detected in the Chinese city of Wuhan in late 2019.

Last Thursday, the World Health Organization (WHO) warned global cases and deaths are increasing for the first time in two months. WHO Director-General Tedros Adhanom Ghebreyesus said this was driven by ongoing increases in Europe. cnn.com

Biden Vaccine Mandate Days Away from Taking Effect
Emergency vaccine rule for large employers will be issued 'in the coming days'
The Federal Register will publish within days the Labor Department's rule requiring private businesses with 100 or more employees to vaccinate them or test them weekly, fulfilling an announcement President Joe Biden made in September.

The Office of Management and Budget completed its required review of the emergency rule on Monday.

"On November 1, the Office of Management and Budget completed its regulatory review of the emergency temporary standard. The Federal Register will publish the emergency temporary standard in the coming days," a Labor Department spokesman said. "The Occupational Safety and Health Administration has been working expeditiously to develop an emergency temporary standard that covers employers with 100 or more employees, firm- or company-wide, and provides options for compliance."

The spokesman added, "Covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose either to get vaccinated or to undergo regular COVID-19 testing and wear a face covering at work. The ETS also requires employers to provide paid time to workers to get vaccinated and paid sick leave to recover from any side effects."

In September, Biden announced the Labor Department would draft an emergency rule compelling private companies with 100 or more employees to require vaccinations or weekly testing. cnn.com

Businesses Unable to Meet the Vaccine Mandate Deadline
Companies mull ending government contracts over vaccine mandate

Members of the aerospace, distribution, defense and trucking sectors are warning the Biden administration they will not be able to meet the vaccine deadline.

Objections among certain vendors over President Joe Biden’s vaccine mandate for federal contractors are reaching an inflection point. As the deadline for workforce vaccination approaches, some trucking companies are mulling whether to end their work with the federal government altogether, according to two industry insiders.

In an interview, the American Trucking Associations’ executive vice president for advocacy Bill Sullivan told POLITICO that some companies may simply decide that the cost of the mandate is not worth the government’s checks. Sullivan said he has raised concerns to the White House, Office of Management and Budget and other executive branch officials. He noted that if companies drop their contracts, it may be harder to get certain foods to troops, transport fuel for military vehicles, or even deploy the National Guard.

“I am confident but with heavy heart recognize a vaccine mandate will mean less capacity for the government as a customer of freight,” he said. “It has the potential to seriously impact military readiness.” His association has also warned that it could also delay deliveries to consumers during the holiday season. “I feel like the president has tried to be beautifully simple like this could apply to everybody, and by doing that, there will be an impact,” he said.

Sullivan’s remarks are among the sharpest warnings yet from the business community about the residual impacts of the vaccine mandate. In September, Biden signed an executive order requiring all federal employees and federal contractors receive the Covid-19 vaccine, without the ability to opt out by taking weekly Covid tests. In addition, Biden called for vaccine requirements for any private business employing more than 100 workers. Private employees, however, can opt out by submitting to testing. politico.com

First Responders Defy NYC Vaccine Mandate
FDNY: 2,000 Firefighters on Medical Leave in Apparent Protest of Vax Mandate
The head of the New York City Fire Department has been fighting more the fires this weekend as attention falls on the agency with one of the lowest vaccination rates in the city.

Commissioner Daniel Nigro lambasted thousands of members of his department for taking sick leave in an apparent protest of the city's vaccine mandate for municipal workers.

“Irresponsible bogus sick leave by some of our members is creating a danger for New Yorkers and their fellow Firefighters. They need to return to work or risk the consequences of their actions," Nigro said over the weekend.

The "excessive sick leave" hasn't had an impact on the department's response time, the FDNY said over the weekend. Firefighters responded to a 911 call for a fire in Washington Heights around 3 a.m. Saturday in just over four minutes, quicker than the FDNY's average for structure fires.

Nigro told News 4 that Friday’s wave of firefighter absences was “unacceptable, contrary to their oaths to serve, and may endanger the lives of New Yorkers.” nbcnewyork.com

Supreme Court Denies Religious Exemption to State Vaccine Mandate for Healthcare Workers
The Supreme Court on Friday denied an emergency request by healthcare workers in Maine for a religious exemption from the state’s requirement that they be vaccinated against Covid-19. wsj.com

At least 10,300 NYC workers resist vaccine mandate as rule kicks in

Halloween Covid scare forces Shanghai Disney into lockdown as China steps up efforts to eradicate virus

Vermont state employees ask for more time to work remotely

The Biden Administration's DOJ - SEC - FTC Get New Marching Orders

DOJ on Cases - SEC on Accountability & Now the FTC Gets Veto Power
DOJ - SEC & Finally the FTC Cracking Down on Corp. Mergers.

The Third Fast Ball Down the Middle
FTC to Wield More Power in MA World

Biden Administration Empowers Corp. America’s Enforcement Watchdogs
'New Policy Gives FTC Greater Control Over How Companies Do M&A'

DOJ, SEC & FTC Now Have the Tools, Policies, Directives, and Orders to Go After Corp. Crime, hold executives accountable, and veto a merger

Question is, will they have the time? Before the next administration? And does Biden and/or the Democrats hold onto the White House in 2024?

The Federal Trade Commission, led by new Democratic Chairwoman Lina Khan, has adopted a series of policy changes aimed at cracking down on corporate mergers, sparking deep partisan disagreement at the agency.

The latest initiative came this week when Democrats who control the five-member FTC announced a policy that would give the commission veto power over a company’s future transactions once it attempts an allegedly anticompetitive merger or acquisition.

The new prior-approval policy will be incorporated into legal settlements in which merging companies make concessions to resolve FTC concerns that their tie-up would be anticompetitive. The commission in those agreements plans to prohibit companies from making future acquisitions in the same market—and possibly other markets—without its say-so. The FTC might also seek prior-approval rights when companies drop a proposed merger after an antitrust investigation, or if the FTC wins a merger challenge in court.

Holly Vedova, tapped by Ms. Khan to lead the FTC’s bureau of competition, said in a statement the new policy restores a practice the FTC followed until the mid-1990s and “forces acquisitive firms to think twice before going on a buying binge because the FTC can simply say no.”

The policy adds a layer of enforcement beyond standard U.S. antitrust rules, which say companies doing sizable mergers must submit them for government review and can close their transaction after a waiting period, unless the FTC or Justice Department files a lawsuit and convinces a court to block the deal. The department hasn’t adopted a policy similar to the FTC’s new measure, raising questions about diverging approaches.

The new prior-approval policy over time could expand the pool of markets in which the FTC can have a strong voice on what deals will be allowed, Mr. Gilman said. “It effectively shifts the burden to merging companies to show their deal isn’t unlawful, rather than the FTC having to carry the burden of proving that a merger is anticompetitive,” he said. wsj.com

Editor's Note: Once again, as the company's senior internal investigator and with a number of you in a dual reporting role to the audit committee and involved in Sarbanes Oxley compliance, these changes could have a significant impact should your public company be involved in a DOJ investigation, an FTC merger or a SEC matter. So defining the impact and what's expected on your part is important to determine with in-house counsel. Just a thought. -Gus Downing


In Case You Missed It: The DOJ & SEC Detail Their Mission

DOJ Press release, Oct. 28, 2021

DOJ Makes Significant Changes in its Corporate Crime Efforts
 - Holding Companies & Officers Accountable
Every LP & AP leader of a public company needs to read this. DOJ investigations can impact your officers & board members.

Deputy Attorney General Lisa O. Monaco Gives Keynote Address at ABA's 36th National Institute on White Collar Crime
I have three priorities for my time with you. First, I want to describe three new actions that the department is taking today to strengthen the way we respond to corporate crime. Second, I want to look forward and tell you about some areas we will be studying over the next months, with an eye to making additional changes to help further invigorate the department's efforts to combat corporate crime. Continue Reading


SEC.gov Press Release, Oct 13, 2021

This is the "Start of this administrations combating corporate crime."
Remarks at SEC Speaks 2021, Washington D.C.

Gurbir Grewal, Director, Division of Enforcement

I'm proud of the dedication of our team in Enforcement and believe that by both continuing these types of proactive enforcement efforts and sharpening our focus in additional areas, we will enhance Americans' trust in our financial institutions. And it's those additional areas of focus that I want to turn to next. They include emphasizing corporate responsibility, gatekeeper accountability and appropriate remedies, particularly prophylactic ones.

Read about the SEC's new focus and approach and how it ties in with the Department of Justice's new mission. As the Director breaks it down into three sections and clearly sets the stage for how the SEC will deal with corporate malfeasance.  Continue Reading


Read full coverage from last week's Daily
 

Use-of-Force Security Training
New California law requires use-of-force training for security guards
Security guards in California will soon be required to complete training on when and how to use force before obtaining a license.

The legislation was inspired by an investigation CapRadio published last year. It found California’s regulations provide no clear definition or training requirements for appropriate use-of-force in the private security industry.

The law requires the California Bureau of Security and Investigative Services, which regulates the private security industry, to develop a use-of-force standard for the industry and a training curriculum by 2023.

Security guards and so-called “proprietary private security officers” — such as bouncers at a bar — must then complete the training in order to obtain a license. The law also tightens requirements for security companies to report physical altercations to the bureau, and gives regulators more power to suspend or revoke a license due to excessive force.

“This is an important piece of legislation that will go a long way to protect innocent lives,” said Joseph Jaksa, a professor of criminal justice at Saginaw Valley State University with more than two decades of experience in the private security industry.

California’s new law gives the bureau authority to suspend or revoke a license if a guard violates the state’s new use-of-force definition.

Holden has helped spearhead the Legislature’s recent efforts to reform use of force in policing. He said he was surprised by the lack of regulations when it came to private security, since guards have frequent contact with the public.  capradio.org

Is the Labor Shortage Finally Easing?
Labor market shows signs of hiring uptick as coronavirus surge fades

Many Americans feel more comfortable returning to the workforce as childcare situation improves and worries about covid ease.

Something changed over the last month. The number of applicants online picked up. And suddenly Great Clips was able to hire 10 people after months of struggling to find workers, bringing the number of its openings down significantly for the first time all year.

The labor market has endured a couple of disappointing months, denting the country’s confidence after vaccine skepticism and the delta variant’s surge conspired to obliterate the optimistic projections for the late summer and fall.

But with caseloads falling and the country’s vaccination rate rising slowly but steadily, the labor market is now seeing some signs of a hiring boost, as the country continues to climb out of the gigantic employment hole left by the pandemic.

New unemployment claims have fallen every week for a month straight — down to a pandemic low of 281,000 — after elevated figures through much of the pandemic. Business surveys, like IHS Markit’s purchasing managers’ index, show that service sector employers — the largest portion of the economy, by far — are increasing workforce numbers at the quickest rate since June, when the country added nearly 1 million workers to the payrolls.

And consumer confidence, the engine of the U.S. economy, reversed a months long slide in October to mark high numbers, according to the Conference Board’s monthly survey. Consumers were also the most optimistic about their own prospects to find jobs since 2000, the survey found. washingtonpost.com

Dollar Tree's Same-Day Delivery Expansion
Dollar Tree adds same-day delivery to 7K stores
Instacart and Dollar Tree first began collaborating last November, when the companies struck a deal for Instacart to begin making same-day deliveries under a pilot involving 275 stores sporting the Family Dollar banner.

That companies' relationship grew earlier this year to cover 6,000 Family Dollar locations, paving the way for Instacart to add stores under the Dollar Tree brand to its same-day delivery portfolio, starting with a test that began in August.

Now, Dollar Tree has extended same-day delivery in as little as an hour via Instacart to 7,000 additional stores, the companies announced Thursday.

The expansion brings Instacart's delivery service to almost 13,000 Dollar Tree and Family Dollar locations in the contiguous United States and Washington, D.C., representing the majority of the retail chain's approximately 15,500 stores.

Dollar Tree's announcement adds a significant online presence in the discount retail space as more consumers are turning to delivery for convenience orders. retaildive.com

Grocers Struggle with Supply Chain Crisis
Supermarkets Play Supply-Chain ‘Whack-a-Mole’ to Keep Products on Shelves

Retailers reroute shipments, expand storage to stay ahead of product shortages

Supermarket chains are revamping their operations to navigate persistent product shortages, expanding storage space and curbing discounts to make sure they don’t run out.

Companies are planning for shortages of popular brands of food and staples to continue for months and managers are trying to keep up as different products run short from week to week, industry executives said. While food supplies overall remain plentiful, Nutella spread, Prego pasta sauces and Pringles chips are among many items that have been tough to secure in recent weeks, some supermarket companies said. Lunchables snacks and Capri Sun drinks have been hit-or-miss for months.

“The fact is, it’s like whack-a-mole,” Vivek Sankaran, chief executive of Albertsons Cos., said on a conference call recently. “On any given day, something is out of stock in the store.” wsj.com

Publix installs drug-disposal kiosk in select locations

GameStop COO is out after 7 months on the job
 

Senior LP & AP Jobs Market

Risk & Compliance Manager job posted for Now Optics in Palm Springs, FL
The Risk & Compliance Manager will be responsible for developing, implementing and overseeing internal company controls which proactively address legal guidelines and internal policies. This role ensures all company practices are compliant with industry and all state/federal laws, regulations and licensing. The Risk & Compliance Manager will work cross functionally with all departmental stakeholders to ensure all matters related to corporate compliance and loss prevention once identified are mitigated. indeed.com