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Verdicts
Failure to File Timely EEOC Discrimination Claim Leads to Dismissal of Suit
Alleyne v. American Airlines, No. 07-1386-cv, 2nd Cir., Nov. 20, 2008. Plaintiff, who is black, was a service clerk with American Airlines Inc. In March 2002, under a provision in American's bargaining pact with Local 501 of the Transport Workers Union of America, his seniority was forfeited after 323 hours' work as a Management Personnel Replacement. He was fired in June 2003 after a workforce reduction, and, as a result, lost his seniority. In March 2004, he filed a claim with the Equal Employment Opportunity Commission (EEOC), which granted permission to sue. The appellate court affirmed a district court's dismissal of the plaintiff's employment discrimination suit for failure to file a discrimination charge with the EEOC within 300 days of the alleged unlawful employment action. Discussing Delaware State College v. Ricks, the panel agreed with the court that the plaintiff's discrimination claim accrued, for statute of limitations purposes, on the date that he learned of his allegedly discriminatory loss of seniority, not the later date of his employment's termination.
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.