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The NFL's Compliance Fumbles
Last month, the NFL told Baltimore Ravens running back Ray Rice he couldn't play professional football anymore, after a horrific video surfaced of Rice punching his then-fianc' (now wife) in an Atlantic City hotel elevator in February 2014. Previously, NFL commissioner Roger Goodell had given Rice a very light two-game suspension without pay, while talk shows and commenters debated the punishment and what it said about domestic abuse and the standards of conduct required for NFL players. Meanwhile, Rice entered a pretrial intervention program with the goal of dismissing the third-degree aggravated assault charges against him.
The NFL is a $9 billion organization, and its players not only represent the league and its respective teams, but also serve as role models in communities across the United States. As the Nike commercials suggest, fans who buy jerseys of their favorite players, after all, want them to stand for winning, sportsmanship and excellence on the field ' not domestic abuse, drugs or any other criminal activity. In other words, bad player conduct poses reputational risk for the league and impacts financial performance. Many NFL players are ambassadors to the brand and only build on the league's image of professionalism and sportsmanship ' Denver's Peyton Manning and Houston's J.J. Watt come to mind.
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.