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Old Law, Partisanship Pose Challenges for NLRB
The National Labor Relations Board (NLRB), in Democratic hands for the first time in almost a decade, is preparing to steer the nation's labor laws in a pro-union direction. But lawyers on both sides of the partisan divide say this NLRB is driving the labor law equivalent of a Packard ' at a time when it needs a Prius to cope with the fast-changing global economy. The National Labor Relations Act (NLRA), which the board administers, was 75-years-old last year, and has not been changed significantly in more than 60 years. The law and the board are in danger of becoming irrelevant as the world changes around them, labor law experts argue.
“I think the Act is badly tattered and in disarray as it is written today,” said former board Chairman William Gould IV of Stanford Law School, a Clinton appointee. “The board has fallen into disrepair. There isn't any doubt about the fact that the board has become kind of a sideshow in the labor law arena.”
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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.
How AI Has Affected PR
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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.