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As Companies Rush to Embrace the Internet and Other Electronic Technologies, They Must Be Mindful of This Very Real Exposure to Liability
The Americans with Disabilities Act (ADA) not only protects qualified disabled individuals in the workplace who can perform the essential functions of their jobs with or without reasonable accommodations, it also extends coverage in Title III to all “places of public accommodation.” Historically, aggrieved plaintiffs pursuing claims under Title III focused their efforts on “brick and mortar” places of public accommodation, such as retail establishments and the hospitality industry, to force the removal of physical barriers and ensure that disabled individuals enjoy equal opportunities to use facilities in the same manner as nondisabled individuals. Whether it was a lack of parking spaces for the disabled, or restrooms and bathrooms that did not accommodate the disabled, the courts were flooded with claims demanding remediation and compensation. Most cases were quickly resolved, given the detailed remediation guidelines and building codes that exist.
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.
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.