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Can an Employee Steal Social Media Influence?
As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. Indeed, recent decisions from around the country have turned on the application of Twitter, LinkedIn, Facebook, YouTube and blogging.
Cases have arisen in varied contexts, including post-employment obligations; ownership of handles, walls and contacts; assessments of “concerted activity” versus insubordinate behavior under the National Labor Relations Act; and privacy and discrimination/hostile work environments claims. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."