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Retaliation Claims.
Retaliation claims are on the rise. Commonly brought under state or federal discrimination laws, wage/ hour laws, Sarbanes-Oxley, or other regulatory schemes, such claims are becoming more prevalent. The Equal Employment Opportunity Commission (EEOC) reports that claimants asserted retaliation in nearly 30% of charges filed in 2006, up from about 22% ten years ago. One likely reason for the rise in such claims is that they are viable even when the claim of discrimination or illegal conduct that underlies the alleged retaliation is determined not to have merit. Indeed, a plaintiff can proceed with a claim that her employer retaliated against her for having complained about discriminatory treatment, even if the complaint is ultimately dismissed.
Advice to Employers
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.