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Pre-Employment ADR Waivers
Alan Alonso and his wife applied for jobs with Huron Valley Ambulance Incorporated, were hired, and used the company's alternative dispute resolution (“ADR”) program on multiple occasions. But when the results of the last step of the ADR program did not go Alan's way, he sued in court. The Michigan Eastern District Court found that the ADR program was binding, but the Sixth Circuit found these well-educated employees did not knowingly waive their right to sue in court ' and therefore denied enforcement of the company's alternative dispute resolution system. In light of this decision, general counsel for companies with ADR programs should ask themselves if their waiver needs to be knowingly executed and what steps should be taken to ensure it is binding. This article addresses these issues.
Alonso v. Huron Valley Ambulance Incorporated
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.