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What Employers Can Do to Decrease Risk of Litigation
During the years when I represented employers, there were always a few common-sense things I advised my clients to do to minimize the risk of employment-related litigation. For example, managers should avoid giving inflated performance reviews because those positive ratings will be hard to explain if and when that manager (or a new one) decides to deal with performance deficiencies in the future. Sometimes, my advice was to stop doing something, such as sending the sales force to team meetings at resort locations where the alcohol runs freely, and then wondering why human resources received multiple sexual harassment complaints following those trips.
Now that I have been representing individual employees for many years, I can confirm that the employers in the Greater Philadelphia area [and everywhere else] still have not learned how to keep their employees out of the office of a plaintiffs attorney. At the risk of a declining workload in the future, here are nine practical suggestions for employers who want to decrease the risk of employment litigation.
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.