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The NLRB's New Focus
The figures on union membership have been crunched for decades now, yet the percentages have never been lower than they are right now. At 6.6% of the private sector workforce, organized labor is in the midst of its greatest down-turn since the passage of the National Labor Relations Act (NLRA) in 1935. Any number of factors have contributed to this decline, and additional membership losses are projected over the coming years.
To an agency tasked with overseeing representation elections and investigating unfair labor practices that typically flow from organizing campaigns, these figures paint a sobering picture for the National Labor Relations Board (NLRB or the Board). Confronting a world in which unions wield diminishing influence, the Board is facing a decline in labor activity that threatens to drain its dockets ' and ultimately its enforcement budgets.
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.
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.