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Court Watch
The federal Fair Labor Standards Act (FLSA), 29 U.S.C. ”201-219 et. seq. , allows employees to sue their employers for various employment-related causes of action. While the FLSA applies only to “employers,” the Supreme Court has noted that the FLSA's definition of an “employee” has been characterized as “the broadest definition that has ever been included in any one act.” U.S. v. Rosenwasser, 323 U.S. 360 (1945). Consequently, it is not surprising that courts in two recent cases have ruled that actions brought, pursuant to the FLSA, by franchisees and franchisee employees, sufficiently alleged that franchisors were “employers” to withstand motions to dismiss under Federal Rule of Civil Procedure 12(b)(6).
Naik v. 7-Eleven Inc.
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.
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.
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.
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.