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Voluntary Versus Mandatory Wellness Programs
The astronomical costs of health insurance coverage and prescription drug plans for employees continue to plague employers. It has been predicted that, at the present rate, 'by 2008 the average Fortune 500 company may be spending as much on health benefits as it earns in profits.' ('Will Health Benefit Costs Eclipse Profits,' The McKinsey Quarterly Chart Focus Newsletter, McKinsey and Company. September 2004.) Illustrating the practical economic implications of these costs, General Motors Corp. reported that 'health care costs alone add $1500 to the sticker price of every automobile it makes, and estimates that by 2008 that number could reach $2000.' (L. Hudson Teslik, 'Healthcare Costs and U.S. Competitiveness,' Council on Foreign Relations. May 14, 2007.) An overwhelming amount of these costs are related to the treatment of preventable illnesses, which commonly result from the use of alcohol and tobacco products, and unhealthy diets.
With the understanding that preventable illnesses means preventable costs, many employers have instituted programs aimed at improving employees' overall physical and mental health. These strategies are commonly referred to as 'wellness programs.' This is a broad term that encompasses a range of plans geared toward improving employees' well being. These programs typically focus on smoking cessation, coping with various forms of mental illness (e.g., stress, anxiety and depression), combating obesity and risks related to unhealthy diets, and lowering alcohol consumption.
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.