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Leave As a Reasonable Accommodation
With the passage of the ADAA, effective Jan. 1, 2009, and the promulgation of its regulations, effective May 24, 2011 (with retroactive application from the earlier date), the time has come for the minority of circuits to join the majority, and explicitly hold that non-indefinite unpaid leave is a reasonable accommodation under the ADAAA. As discussed in more detail below, cases prosecuted by women with difficult pregnancies would be particularly compelling impact cases to push the remaining circuits to explicitly accept non-indefinite leave as a reasonable accommodation.
“Most ' circuits and the Equal Employment Opportunity Commission [EEOC] have concluded that, in some circumstances, an unpaid leave of absence can be a reasonable accommodation under the ADA.” Graves v. Finch Pruyn & Co., Inc. (“Graves I“), 457 F.3d 181, 185 (2d Cir. 2006). The circuits that have accepted leave as a reasonable accommodation currently include the First, Third, Fourth (decided under Rehabilitation Act), Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits, and to an extent the D.C. Circuit.
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.