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Court Watch
Eighth Circuit Requires Case Be Stayed for Arbitration
The Eighth Circuit in a case involving hot-button issues such as the classification of individuals as employees or franchisees and the enforceability of class action waivers in arbitration cases, recently upheld a decision that the action must proceed in arbitration. Green v. SuperShuttle Int'l, Inc., 653 F.3d 766 (8th Cir. 2011). The plaintiffs were a group of airport shuttle drivers for a shuttle service owned by SuperShuttle. SuperShuttle classified the drivers as franchisees rather than employees, and the drivers signed Unit Franchise Agreements. Believing that they are employees and not franchisees, several shuttle bus drivers commenced a class action lawsuit in Minnesota state court, alleging violations of the Minnesota Fair Labor Standards Act.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.