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Legal Issues Involving Obesity and the ADA
Marta Fernandez got a call earlier this year from a client with a weight problem. Her client, a hotel and resort chain, was troubled about how to handle a request by an obese employee at one of its California properties. Required to walk the grounds as part of her job, the worker wanted to use one of the company's golf carts to get around.
The employee was asking for an accommodation for her disability ' obesity. Fernandez, a partner in Jeffer, Mangels, Butler & Mitchell, was quick to offer advice: Do it. It might have been a more difficult call just one year ago for Fernandez, who practices employment law in Jeffer Mangels' Los Angeles office. But with the outcomes fresh in her mind of three federal cases indicating growing acceptance of obesity as a condition covered by the Americans With Disabilities Act (ADA), it was a pretty easy decision.
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.
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.