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Did the New Cause of Action for Job Applicants Under the ADEA Get Axed?
In Villarreal v. R.J. Reynolds Tobacco Co., 839 F.3d 958 (11th Cir. 2016), the U.S. Court of Appeals for the Eleventh Circuit, on rehearing en banc, reversed its prior holding that job applicants may bring “disparate impact” claims for age discrimination against potential employers, and that the EEOC may toll the statute of limitations in such cases.
Rather, the Eleventh Circuit concluded that Section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) does not allow job applicants to assert claims of disparate impact against a potential employer. Further, it held that equitable tolling of the statute of limitations is not automatic, but is based on a general test requiring the party seeking equitable tolling to bear the burden of proof.
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.