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News Briefs
NLRB Affirms Discharge of Car Dealer Salesman for Facebook Posting
On Sept. 28, the National Labor Relations Board (“NLRB”) issued its first finding about the firing of an employee for a Facebook posting, and it found in favor of a car dealership that fired a salesman for his online statements. Robert Becker was fired as a salesman for Knauz BMW in Lake Bluff, IL, after posting two sets of critical comments online. The first were about plans to bring a hot dog truck on-site for the rollout of the newly redesigned BMW 5-Series; Becker felt that more-upscale food would be appropriate. Then, Becker posted another set of critical comments when an accident occurred at the adjoining Knauz Land Rover dealership because a 13-year-old boy was allowed to drive a vehicle.
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.