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Lawful Social Media Policy
In July 2011, a Walmart greeter, who listed Walmart as his employer on his Facebook page, made the following posts on his Facebook wall:
The government needs to step in and set a limit on how many kids people are allowed to have based on their income. If you can't afford to feed them you shouldn't be allowed to have them. ' Our population needs to be controlled! In my neck of the woods when the whitetail deer get to be too numerous we thin them out! ' Just go to your nearest big box store and start picking them off. ' We cater too much to the handicapped nowadays! Hell, if you can't walk, why don't you stay the f**k home!!!!
Shortly thereafter, a customer read the posts and contacted Walmart to complain that she found the comments so frightening that she did not think she could return to the store. The customer also characterized the comments as “beyond disturbing,” considering a fatal shooting that occurred approximately a year before in the same store.
Walmart promptly investigated the incident and terminated the greeter's employment. The greeter then challenged his termination under the National Labor Relations Act (“NLRA”), alleging that his Facebook posts were protected “concerted activity.”
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.
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.
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.
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.
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.