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Both established and recently enacted laws may offer aid and protection to employees affected by natural disasters such as Hurricane Katrina. Employees affected by natural disasters such as Katrina may be protected under the Americans with Disabilities Act (ADA) if they suffer from a disability as the result of the event, or may be eligible for leave under the Family and Medical Leave Act (FMLA” if they or a family member have suffered a serious health condition as the result of the storm. Additionally, affected employees may be eligible for relief under measures enacted as a direct response to the event, such as the Katrina Emergency Tax Relief Act of 2005 (KETRA), or may seek relief from previously established assistance programs, such as unemployment insurance or the federal Disaster Unemployment Assistance program.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.