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Employee Free Choice Act Slowed, But Not Dead
Although passage of the federal Employee Free Choice Act (“EFCA”) has taken a distant back seat to health care reform, the proposed changes to workplace unionization and collective bargaining rules have significant potential impacts for business owners. Employer representatives have denounced EFCA, while union backers are pushing hard for passage of the law.
On Sept. 1, the ABA Center for Continuing Legal Education produced a webinar that looked at the key provisions of EFCA and the prospects for its passage ' with a specific focus on the possible impact on franchisors and franchisees. The four presenters, split evenly into pro-labor and pro-employer camps, gave starkly contrasting perspectives on the current state of labor union law and the changes that EFCA might produce.
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.