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Does the FAA Apply to Collective Bargaining Arbitrations After 14 Penn Plaza?
Your client has just been involved in an arbitration proceeding under a collective bargaining agreement (CBA), and the arbitrator has issued an award. Whether the question involves the statute of limitations for initiating court proceedings or the standards for challenging the enforceability of the arbitration award, the answers have, in the past, been found only in case law. That is because it has been the longstanding view of most federal courts that the Federal Arbitration Act (FAA) does not apply to arbitration provisions in CBAs. The U.S. Supreme Court's recent decision in 14 Penn Plaza v. Pyett, 129 S. Ct. 1456 (2009), suggests a different answer.
The Status Quo Prior to 14 Penn Plaza
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.