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Same Evidence Used to Reject Bias Claim, Support Retaliation Claim
The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years. As this'author has pointed out, there is at least one prominent federal judge (U.S. District Judge Mark W. Bennett of the Northern District of Iowa) who thinks the use of summary judgment, as a practice, should be eliminated in these types of cases. (See Time to Abolish Summary Judgment in Employment Law Cases? published in this newsletter's ALM affiliate The Legal Intelligencer on July 26, 2013.)
Often, federal courts are loath to meddle with most employment-related business decisions, claiming it is not for the courts to second-guess as a kind of “super-personnel department.” The result is frequently a judicial rubber stamp of sorts, giving employers the imprimatur to fire/discipline at will.
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.