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Federal Contractors and Executive Order 11246
This past year has seen a flurry of activity under Executive Order 11246 ('EO 11246'), the law that governs the administration of affirmative action programs of employers that have certain government contracts or subcontracts. EO 11246 provides the government a way of evaluating employment-related race and gender trends for a particular employer. Based on the data provided by the employer, the government could, for instance, conclude that hiring decisions resulted in predicted outcomes with respect to racial and gender composition.
On the other hand, the data could indicate to the government that a significant shortfall exists in the hiring of a particular race or gender, and that the shortfall cannot be explained merely by chance. Such a case could result in significant financial and equitable remedies that go beyond simply paying a fine. Thus, the manner in which the underlying employment data are gathered and reported is critical and directly related to what conclusions the government reaches about a company's hiring, promotion, and discharge practices.
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.