Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
E-mails: 'Smoking Guns' in Employment Litigation
E-mail traffic by employees in the workplace has proven to be key evidence in recent criminal and civil investigations of public companies like Martha Stewart Omnimedia, Merrill Lynch, Citibank and other Wall Street firms. For example, Citibank analyst Jack Grubman's e-mail in which he mixed messages about AT&T stock analysis with concerns about his kids' admission to a private nursery school of which Citibank Chair Sandy Weill was a trustee, surely made all corporate lawyers wince.
However, the significance of e-mail traffic is not limited to investigations of securities law violations. E-mails are also a fertile source of evidence of employee wrongdoing in situations involving sexual harassment, discrimination, and other inappropriate activity at work. Examples abound of employees instant messaging each other their opinions about bosses and co-workers, their sexual desires, or about just plain boredom. The New York Law Journal recently reported that a Harvard Law student at a $2500-a-week summer job at Skadden Arps learned a lesson the hard way when he inadvertently sent an e-mail intended for a personal friend to the law firm's entire corporate department. As a result, everyone in the entire legal community became privy to his irreverent and profane description of his 2-hour sushi lunch and the absence of significant legal work to do.
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.
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.