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In the past, employees came to work and actually worked. Nowadays, employees arrive at the workplace ready to shop, blog, connect with friends and engage in other non'employment-related activities. In the past, when employees went home, they were done with work for the day unless they brought “homework” home with them. Nowadays, white-collar workers can access much of their office work from home, in the car, or on vacation. In the past, an employer only needed to monitor the “water cooler” to learn about the quality of life of its employees. Nowadays, employees can discuss quality of life, pay and other issues just about anywhere thanks to the Internet, text messaging, and other communication developments. Technology has advanced the workplace well beyond many general workplace practices employers have in place, and outpaced some workplace laws, including provisions of the Federal wage and hour laws.
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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 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.
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.
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.
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.