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National Litigation Hotline
IBM's Cash Balance Plan Did Not Discriminate Against Older Workers
The U.S. Court of Appeals for the Seventh Circuit recently held that IBM's cash balance plan did not discriminate against older workers in violation of the Employee Retirement Income Security Act of 1974 (ERISA), as amended, where the terms of the plan were age-neutral. Cooper v. IBM Personal Pension Plan, No. 05-3588, 7th Cir. 2006.) In so ruling, a three-judge panel for the Seventh Circuit reversed a 2003 decision of the U.S. District Court for the Southern District of Illinois finding that IBM's cash balance plan violated ' 204 of ERISA, which prohibits reduction of an employee's benefit accrual rate based on age.
The DOJ's Corporate Enforcement Policy: One Year Later
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.