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Avoiding Liability in Employee References
A former employee asks you to list your firm as a reference on a job application; then you receive a phone call asking your opinion of the individual. Generally, if you have given the go-ahead to your listing as a reference, you only have good things to say about that person. But what if you are called about someone who did not ask and whom you would not recommend? What can you say? Can you inform the caller? If your former employee does not get the job and finds out about your negative reference, what is your exposure?
In this article, we explore the employee reference conundrum faced by many employers. First, we provide background on “defamation” in general. Next, we discuss available defenses and what circumstances can immunize an employer from a defamation lawsuit. Then, we discuss whether an arbitration clause in an employment agreement can successfully preclude defamation lawsuits from the courtroom even after employment is ended. Finally, we briefly summarize the best practices for avoiding defamation liability.
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.
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.
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.