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Decisions of Interest
An employee may defeat a motion for summary judgment by raising a triable issue of fact relating to either the falsity of the employer's explanation for a challenged action or the employer's discriminatory motive. Morse v. Wyoming Co. Comm. Hosp. and Nursing Facility, 2003 WL 2008825 (4th Dept. 5/2/03) (Wisner, J.P., Scudder, Kehoe, Gorski and Lawton, JJ.).
Discrimination cases decided under the State Human Rights Law (SHRL) are governed by the same standards that govern cases brought under Title VII. Therefore, the Appellate Division held, the United States Supreme Court's rejection of the 'pretext-plus' rule in claims brought pursuant to Title VII rendered the 'pretext-plus' rule inapplicable to discrimination cases brought pursuant to the SHRL. The Appellate Division reversed the lower court, which improperly placed the burden on the employee of proving not only pretext, but also discrimination.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."