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Changes to State Civil Rights Statutes: The Continued Increase of Employment Liability Risks
Franchisors probably know that workplace discrimination is 'against the law.' But, as business owners who could suffer the consequences of a real or imagined violation, they probably don't know enough. What types of discrimination are prohibited? Who enforces these laws, and what are the consequences if you fail to comply? Does the size of your business play a factor in determining the level of risk? And do rights and obligations vary from state to state and locality to locality? A review of the state of Maryland's recent changes to its Fair Employment Act provides an excellent illustration of these issues ' and should give business owners such as franchisors and franchisees a greater understanding of how the system works.
A Primer on Civil Rights Laws
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.