Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Limiting the Liability of Private Employees For Constitutional Violations
Over the last decade, one of the major trends in this country has been the privatization of services by governments. The federal government has increasingly ' with the approval of Congress ' contracted out to private entities functions that historically had been performed only by governments themselves.
This privatization of federal services has spawned a variety of legal issues. One of the most significant is whether employees of these private entities can be sued for monetary damages, in the same fashion that public employees can be sued, by people who assert that these employees violated their constitutional rights. The U.S. Court of Appeals for the Fourth Circuit recently shed light on this issue in the case of Holly v. Scott, 434 F.3d 287 (4th Cir. 2006).
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.