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The Americans with Disabilities Act (ADA) has prohibited discrimination against qualified individuals based on their disabilities across the United States for the last 25 years. The scope of the ADA has changed dramatically since it was signed into federal law by President George H.W. Bush. Since its inception, the ADA has required employers to implement reasonable accommodations for a qualified individual's disability.
A critical question facing employers is what medical conditions qualify as a disability that must be accommodated to comply with federal law. The answer to that question has transformed over the past 25 years and now requires employers to accommodate a variety of conditions, including those not currently impacting an individual's health. This nuance demands the attention of human resource professionals and business owners to avoid unintentionally violating federal law.
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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.