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Arbitration Is for Some But Not All
The defense of employment-related lawsuits is a significant expense for employers that, many times, cannot be avoided. At the same time, it is an expense that offers little return on investment for the employer. Despite the efforts of at least some courts to try to resolve these cases through early mediation or to move them faster through the system, claims of employment discrimination and other alleged wrongdoing in the workplace, often languish far too long.
The arbitration of employment-related claims has been advocated by some management-side employment counsel for years, as a means of reducing litigation expenses and limiting a company's exposure to large damage awards. There is little published empirical evidence, however, demonstrating whether the assumption that cost and exposure are actually limited proves to be true in a garden-variety, single employee dispute. One study of cases in the United States District Court for the Southern District of New York suggests that there is little cost benefit to employers in arbitration. Certainly, in those instances where an arbitration program is challenged, there can be a significant cost. The premise of this article, however, which is based on anecdotal evidence, is that an arbitration program, while not a solution for all employers, properly implemented and administered, can indeed achieve the twin objectives of cost containment and limiting exposure in many cases.
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.
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.
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.