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Legality of an 'Appearance' Policy
Employees and job applicants are increasingly filing claims of discrimination based on their appearance or image. The future scope of such claims may hinge on the outcome of a case currently pending in the U.S. Court of Appeals for the Ninth Circuit. Recently, the Ninth Circuit granted en banc review to a female bartender who was fired for refusing to wear makeup in compliance with her employer's grooming policy. Jespersen v. Harrah's Operating Co., No. 03-15045 (9th Cir.) (rehearing en banc granted May 13, 2005). The Ninth Circuit vacated the Dec. 28, 2004 decision by a divided three-judge panel. That panel affirmed the district court's summary judgment decision in favor of the employer and upheld a dress code that established analogous but different grooming standards for male and female employees. Jespersen v. Harrah's Operating Co., 392 F.3d 1076 (9th Cir. 2004). The panel's decision was its first application of “the 'unequal burdens' test to gender-differentiated dress and grooming requirements.”
The Case
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.