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Verdicts
Jury OKs City's Demotion of Worker Who Was on Leave
A California jury found that a San Jose city employee was not entitled to compensation for being demoted while on extended leave from her position. In 1994, Karol Sytwu, then 56, was promoted to a chemist position in the city of San Jose's Environmental Services Department. From August to December 2000, Sytwu left to care for her father, who was seriously ill. She chose to take an unpaid leave of absence, rather than use her accumulated paid vacation. While she was away, the city decided to reduce the number of staff chemists, and Sytwu was demoted to lab technician. Sytwu claimed that she was not aware of the potential consequences of taking unpaid leave and that she would have used vacation time if she had been aware that a demotion could have occurred. The defense contended that Sytwu was fully informed and aware of the potential consequences when she elected to take unpaid leave. The jury determined that the plaintiff was fully aware of all of her rights and options and that she voluntarily took her leave as unpaid. Sytwu v. San Jose, No. 1-03-CV008929, Superior Court of Santa Clara County, San Jose, CA , 09-07-2006
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.
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.