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Reassignment to a Vacant Position Under the ADA
In a recent decision, the U.S. Court of Appeals for the Seventh Circuit held that the Americans with Disabilities Act (ADA) obligates employers to reassign employees with disabilities to vacant positions for which they are qualified as a reasonable accommodation, provided that such accommodation is reasonable on its face and would not present an undue hardship to the employer. EEOC v. United Airlines, Inc., No. 11-1774, 2012 WL 3871503 (7th Cir. Sept. 7, 2012).
The decision reverses Seventh Circuit precedent and adopts an interpretation of the duty to reassign supported by the Equal Employment Opportunity Commission (EEOC), as well as the Tenth and District of Columbia Circuit Courts of Appeals. The decision also represents the most recent development in the split among the circuits on the duty to reassign.
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.