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First-Amendment Defenses Against Whistleblowers
The First Amendment prohibits restrictions on speech, including compelled speech. However, mandatory disclosures have long been the linchpin of several major regulatory schemes. For example, publically traded companies are required to share information on the financial health of the companies with investors and with the SEC. Likewise, pharmaceutical companies are prohibited from advertising that their drugs provide certain medical benefits when those benefits have not been approved by the SEC.
Enter the whistleblower, who comes to believe that his company is not complying with certain provisions of regulatory schemes that would require it to disclose (or refrain from disclosing) information about the company's business, its products, or its services. The whistleblower discloses what he believes to be a violation and, shortly thereafter, is terminated by his company.
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.