Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
What's Scarier Than an Agency Audit? Three Agency Audits
Misclassifying employees as “independent contractors” may put employers in triple jeopardy. (See article infra by Rosanna Sattler.) The U.S. Department of Labor (DOL) is teaming up with the Internal Revenue Service (IRS) and state agencies to crack down on “misclassification.” Thirteen state labor agencies have joined forces with the federal DOL in this initiative. This coordination will lead to a greater likelihood of companies being caught and a much higher cost for employers that have the unfortunate fate of the triple audit.
Misclassification occurs when an employer treats a worker as an independent contractor, even though the worker is actually an employee. The DOL has made this a top priority, seeking $3.8 million and 35 full-time workers to fight misclassification in its 2012 budget proposal. Misclassification costs the government tens of billions of dollars in lost tax revenue, so these agencies have a huge incentive to zealously pursue cases against employers.
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.