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Q&A: Shannon Liss-Riordan Discusses Awuah and Other Issues
Shannon Liss-Riordan, partner at Lichten & Liss-Riordan, P.C. (Boston) is a nationally known employment-law attorney and has been named to the Chambers “Best Lawyers in America” in 2008, 2009, and 2010. Her practice concentrates on class action litigation involving failure to pay wages, overtime, gratuities, minimum wage, and misclassification of employees as independent contractors. She represented the plaintiffs in Awuah, et al. v. Coverall North America, Inc., in which U.S. District Court Judge William G. Young compared Coverall's franchising model to a Ponzi scheme.
While the judge's Ponzi comparison in Awuah attracted attention in the franchise industry, the greater impact of his ruling might be found elsewhere. In this Q&A, Liss-Riordan discusses Awuah, as well as the general significance of litigation about the classification of franchisees and wage-and-classification issues for employees of franchisees.
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.