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Supreme Court Issues Four Decisions Favorable to Employers
The U.S. Supreme Court issued four decisions in 2013 involving important questions of employment law that are being widely praised by corporate attorneys for their “pro-employer” rulings. Companies should be aware of these decisions so that they can take advantage of the potential defenses they offer. However, these decisions do not change the fundamental rules of employment law or the importance of maintaining an effective employee relations program. Companies must remain vigilant to ensure that their interests are protected.
Every company that has defended itself against a harassment claim under employment discrimination laws understands that dealing with harassment allegations is time-consuming, expensive, and, at a minimum, unpleasant for all employees involved.' Further, a company sued for harassment also may be exposed to bad press and an expensive settlement or a large court judgment. Fortunately, a recent Supreme Court decision has made it a little easier to defend your company against harassment allegations under federal employment discrimination laws.
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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.
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.