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Editor's Note: At press time, the media was full of a story of uncontrolled violence among rival biker gangs. Their chosen battleground was a Twin Peaks restaurant in Waco, TX. At the time of this writing, the franchisee had had its license revoked by the franchisor, as punishment for allowing an atmosphere in which the violence could occur. This threat, unfortunately, will not go away.
I am a management safety and health lawyer. For the first 30 years of my practice, I provided counsel to employers in hundreds of cases involving serious injuries. Twenty-four of those cases involved fatalities. None involved workplace violence. In the last five years, however, clients have increasingly sought my assistance with employee-on-employee violence issues.
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 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.
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.
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.
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.