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Last year, the Pew Center released its demographic data on social media usage. The data revealed that ' regardless of age, race, sex, education or income ' nearly 75% of all adults in the United States who use the Internet use social media. See, “Social Media Update 2014.” It is therefore foreseeable that employers would want to regulate and monitor their employees' on- and off-duty social media usage. The time is ripe to examine the pros, cons and pitfalls of monitoring employee social media postings from a legal perspective.
Pitfalls of Monitoring
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.