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Don't Bother Asking for Facebook Passwords
Workplace water coolers are abuzz with recent reports of employers requiring employees or applicants to provide logon information for their social media sites. The ACLU has taken a stand against the practice, and employees and applicants alike seem horrified at the possibility of being required to turn over Facebook passwords as a condition of employment. State and local legislators have also taken notice, proposing a flurry of legislation aimed at curtailing the practice. And employers are now questioning whether they should continue asking for access or give up the potential information goldmine that the sites have to offer.
The uproar began with an Associated Press report, reprinted in newspapers throughout the country, about employers asking applicants to “friend” a hiring manager or to log on to their Facebook account during an interview. See Manuel Valdes and Shannon McFarland, Employers Ask Job Seekers for Facebook Passwords, Assoc. Press, Mar. 20, 2012.
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.