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Nassar's Effect on the Causation Standard
In one of the biggest employment cases of 2013, University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (June 24, 2013), the Supreme Court held in a 5-4 decision that the mixed-motive theory under employment discrimination laws (which only requires a plaintiff to show that the employer had several motives for taking adverse action, including an unlawful motive) does not apply in Title VII retaliation claims. (See Alexis M. Dominguez, “Clearer Employer Liability Standards ' ,” Employment Law Strategist, September 2013,
bit.ly/17boXPD.)
Title VII prohibits two forms of conduct. The first is “status-based discrimination,” where an employer discriminates on the basis of race, color, religion, sex or national origin. The second is “retaliation,” where an employer takes an adverse employment action against someone because that person opposed a discriminatory act, complained of, or sought legal remedies for unlawful workplace discrimination. While Nassar changed the causation standard for Title VII retaliation claims when it rejected the mixed-motive standard that is permissible for these claims, it remains unclear what effect the ruling will have on the causation standard for claims brought under other federal anti-discrimination laws like the American's with Disabilities Act (ADA) or the Family Medical Leave Act (FMLA). Both of these contain similar causation language to that contained in Title VII.
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.