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Workplace Bullying
Bullying has always been an unpleasant, seemingly inescapable feature of human social structures. With the rise of modern communications systems and the omnipresence of electronic social interaction, the problem has become more pervasive in recent decades, or if not more pervasive, then at least more visible. Whether by virtue of quantity or intensity, bullying (particularly its modern cyber-variant) has gained increased media attention in recent years following some high-profile and tragic cases. Until very recently, the focus has been on bullying in schools. This makes sense, as the schoolyard bully maintains a notorious place in the pantheon of social archetypes. However, bullying has never stopped at the schoolhouse gate. Rather it persists well into adulthood, and appears in any number of adult congregations, from the PTA to the local watering hole.
In the Workplace
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.