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Australian Workplace Surveillance Act
Following the passage of the first Australian law specifically regulating e-mail surveillance in the workplace on Oct. 7, 2005, employers in the State of New South Wales have been required to notify all employees of any e-mail monitoring and develop a workplace computer surveillance policy. The Workplace Surveillance Act 2005 (the 'Act') repealed the Workplace Video Surveillance Act 1998 and built on existing regulations relating to the use of listening devices and video surveillance cameras.
The Act has wide coverage. It extends beyond the physical workplace to any area where an employee is performing work, including using a work laptop at home. It also covers most individuals in a workplace even if they are not directly employed by the employer, including voluntary workers and individuals working under labor hire contracts.
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.