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NLRB Issues Final Rule on Informing Employees of Their Rights Under the NLRA
On Nov. 14, 2011, the final rule issued by the National Labor Relations Board (NLRB or “the Board”), entitled Notification of Employee Rights under the National Labor Relations Act, was scheduled to become effective. Due to resistance and apparent confusion surrounding its new employee rights notice-posting rule, the National Labor Relations Board (NLRB) pushed back the rule's effective date by more than two months. Employers affected by the rule must now post the notice by Jan. 31, 2012.
The rule mandates that private-sector employers subject to the National Labor Relations Act (NLRA) post a notice informing employees of their rights under the NLRA in a “conspicuous place” readily seen by employees, and penalizes employers for non-compliance. This new obligation applies to virtually all private-sector employers, regardless of whether or not their workforces are unionized and regardless of whether they are federal contractors.
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.