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Ad Hoc Affirmative Action
In recent years, employers across all industries have increasingly recognized the value of a diverse work force and engaged in a variety of methods, some more well-thought-out than others, to attract and retain employees from diverse backgrounds. These efforts are often motivated by the desire to 'do the right thing.'
But beyond the desire to do good or avoid legal liability for employment discrimination, achieving diversity is also good business. Shareholders and clients are more frequently demanding that an organization's payroll better reflect the make-up of its community. The Equal Employment Opportunity Commission (EEOC) has recognized the link between diversity and corporate achievement, concluding in its report, 'Best Practices of Private Sector Employers,' that for 'the most successful companies … pursuing diversity and equal employment opportunity is just as integral a business concept as increasing market share or maximizing profits.' See www.eeoc.gov/abouteeoc/task_reports/prac2.html.
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.