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Eleventh Circuit Nixes Sex Harassment Claims
Late last year, the Eleventh U.S. Circuit Court of Appeals issued an opinion that the lawyer for the plaintiffs in the case says virtually eliminates sexual harassment claims in the federal courts for Georgia, Alabama and Florida.
That may be an overstatement, but the dissent of a visiting district court judge from Florida suggests that the opinion of the panel fails to allow claims over the sort of conduct that reasonable people have come to expect they will be protected from in the workplace. The panel ruled that two former male Home Depot employees do not have a sexual harassment claim against the company, despite evidence that a male manager made comments suggesting he was sexually attracted to them and touched them in arguably inappropriate ways.
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.