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Recent Guidance on China's Employment Law
China's Employment Contract Law (ECL), which governs relationships between employers and employees, took effect on Jan. 1, 2008. However, it has become apparent over the years that there are gaps in the ECL and related regulations that create uncertainty in their application. Authorities in different locations often have different views as to how to fill these gaps, resulting in the uneven application of the law. In light of that, the Supreme People's Court, the highest court in China that issues guidance on the application of Chinese law, recently provided a set of clarifications to the ECL.
Below is a discussion of what these new guidelines, known as Interpretation 4, mean for U.S. companies with operations in China.
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.
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.