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NLRB Breathes New Life into Federal Labor Law
By now, everyone knows discrimination and harassment are illegal in the workplace. But how many know that employees have the right to engage in protected, concerted activities “for the purpose of ' mutual aid or protection?” How many know that employers interfering with that right might violate the National Labor Relations Act (NLRA)? Similarly, while almost everyone knows to bring discrimination and harassment claims to the Equal Employment Opportunity Commission (EEOC) or (in Connecticut) the Commission on Human Rights and Opportunities (CHRO), most people probably don't know what type of claims the National Labor Relations Board (NLRB) handles, if they even know it exists!
The NLRB is proposing to change this by requiring virtually all workplaces to post an 11-inch by 17-inch notice about employee rights under the NLRA. This rule follows closely on the heels of a nationally featured story involving a “Facebook firing” that showcased the broad reach of the NLRA and the impact it may have on both unionized and union-free workplaces. The message is clear: Employee-rights advocates are bringing greater attention to the NLRA and its little-known but substantial employee protections.
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.