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Federal Legislative Initiatives Now in Play
When people think about proposed federal legislation regarding recognition of same-sex partnerships, they tend to focus on the negative, especially the Federal Marriage Amendment. Furthermore, the Defense of Marriage Act (DOMA) excludes same-sex partners from 1138 federal benefits and protections.
However, several pieces of legislation that would have positive effects for LGBT partners have been introduced in the 109th Congress. These bills benefit same-sex partners in various ways. Some specifically provide rights to a domestic or permanent partner, while others provide that a “beneficiary” is eligible for the benefit. Human Rights Campaign is working to advance legislation that would provide fairer treatment of same-sex couples for the purposes of tax and immigration law, federal benefits, family and medical leave, and retirement savings.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.