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Verdicts
Discrimination and ADA Claims
Lack of evidence of race-based animus or impairment-limiting life activity recently supported dismissal of wrongful termination suits. The pro se plaintiff, a black woman, worked at Liz Claiborne Inc. (LCI) from January 1998 until she was dismissed on Sept. 10, 1999, for poor work performance. She filed two lawsuits: In 2000, she alleged racial discrimination violating Title VII of the Civil Rights Act; in 2003, she claimed discrimination, due to depression and allergies, violating the Americans with Disabilities Act and the Family Medical Leave Act. She raised claims of a hostile work environment and disparate treatment, and alleged that she was dismissed in retaliation for reporting the discrimination. Adopting a magistrate judge's recommendation, the court summarily dismissed both suits. Finding the record devoid of evidence that the plaintiff's termination was due to other than unsatisfactory job performance and a volatile temperament, it ruled that she failed to make a prima facie case of wrongful termination due to race-based animus and also found no basis to conclude that the plaintiff's impairments substantially limited the major life activity of working. Riddle v. Liz Claiborne Inc., 00 Civ. 1374, (S.D.N.Y., October 26, 2006).
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.
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.
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.