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The EEOC Is Thinking Big
Since its creation in 1965, the Equal Employment Opportunity Commission ('EEOC') has been charged with eliminating workplace discrimination. The EEOC receives and investigates employee discrimination complaints ranging from simple single-employee termination disputes to complex, multi-facility allegations of systemic discrimination. Not surprisingly, few employers have avoided at least some contact with this agency.
Like most government agencies, however, the EEOC faces significant obstacles. Its budget is rigorously scrutinized each year. Staffing is down and the backlog of individual discrimination charges is up. Concerned members of Congress have petitioned key House appropriators for funding increases to boost the organization's frontline staffing. In light of all of this, newly appointed EEOC chair Naomi Earp has her work cut out for her. As Earp succinctly stated, '[o]ur challenge in 2007 is to make the most effective and efficient use of agency resources.' In other words, the EEOC must get more bang for its buck to remain effective. Enter the agency's new Systemic Discrimination Initiative. This two-part article discusses how EEOC plans to implement the Initiative.
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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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
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.