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Employers Beware
It is a sad but true fact that employers are accused of discrimination on an almost daily basis. While most of these claims are without merit, it is critical that employers take them seriously and caution managers and supervisors that treating the complainer differently or more harshly because of the complaint is a recipe for disaster.
In a recent decision by a federal appellate court, a jury's conclusion that a prominent national law firm had retaliated against a former employee was affirmed. The employer was initially ordered to pay more than $500,000, and this figure could significantly increase as the case returns to a jury for them to decide whether punitive damages should be added to the award. Gallina v. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., No. 03-1883 (4th Cir. 2005). This decision, which corresponds with recent opinions from several different courts, is applicable to all employers who are faced with allegations of discrimination. The case highlights general principles and provides important lessons for employers to use to avoid retaliation claims.
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.