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The Dangers of 'Ban the Box'
To prevent job applicants with criminal records from being automatically rejected, cities and states are considering and already adopting so-called “Ban the Box” laws and ordinances. Among the states that have adopted such laws are Connecticut, Hawaii, Massachusetts, Minnesota, and New Mexico, and the cities of Atlanta, Baltimore, Chicago and Philadelphia. Among those mulling such legislation are Rhode Island and Nebraska, and the city of Pittsburgh, PA.
The paternalistic nature of this legislation “echoes” laws already being imposed by several cities and states on use of applicant arrest records. Jurisdictions including the states of California and New York and the city of Philadelphia forbid inquiries into applicant arrests that failed to lead to convictions, because an arrest, in and of itself, implies no guilt. In states such as Illinois and Massachusetts, employer “use” of an arrest record is an unfair employment law practice.
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.