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The 'Right to Be Forgotten'
How do the fast-spreading “Right to be Forgotten” and “Ban the Box” initiatives affect employers looking to screen for criminal activity among their job applicants? Not only do they dictate if and when you are allowed to do a criminal background check on a potential worker, but they have also prompted a new federal government push to punish investigators who take shortcuts and come up with the wrong information.
Are you concerned that an applicant was convicted of arson ten years ago? In some places, it may be illegal to deny her a job because of that. Even if you can deny her the job, you could still get into trouble for refusing to interview her on the basis of that conviction.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.