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The NLRB Wants to Be Your 'Friend'
The popular social networking website Facebook currently boasts 750 million active users, 50% of whom log in on any given day. A recent study by the Pew Research Center indicates that 13% of Americans use Twitter. Google+, the new social networking upstart that is expected to give Facebook a run for its money, grew to more than 10 million users in two weeks of its invitation-only test phase. LinkedIn, a more professional social networking site, reached 100 million users in March of this year. Finally, many others utilize alternate social networking websites, including MySpace, as well as blogs, e-mail list servs, or online chat rooms.
These numbers are impressive to say the least, but what do they mean for employers? Well, given the popularity of such sites, it is likely that your employees are using at least one form or another of social media. Odds are that your employees use the sites to post information about their workplace, supervisors, or co-workers. Recognizing this trend, many employers have implemented or at least considered implementing Internet/social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information on the Internet. Many of these policies likely contain blanket prohibitions of disparaging, discriminatory, or defamatory remarks in relation to the company or its employees. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of the National Labor Relations Board's (“NLRB”) recent decision in Hispanics United of Buffalo, Inc., Case No. 3-CA-27872, 2011 NLRB LEXIS 503 (N.L.R.B. Sept. 2, 2011).
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.