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Separation Agreements and General Releases Image

Separation Agreements and General Releases

Anne Ciesla Bancroft

In order to get what they pay for, businesses need to ensure that their separation agreements protect the company's interest to the fullest extent permitted by applicable law.

Features

The Perfect Storm Image

The Perfect Storm

John W. Moss & Michael Del Negro

Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. This article provides an in-depth discussion.

Features

Separation Agreements and General Releases Image

Separation Agreements and General Releases

Anne Ciesla Bancroft

While this article cannot speak to the specifics of an individual termination, the subject thumbnails set forth herein highlight key issues to consider when preparing separation agreements.

Features

McNulty Revisited Image

McNulty Revisited

Peter B. Ladig & Stephen B. Brauerman

This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.

Features

D&O Coverage for Corporate Criminal Investigations Image

D&O Coverage for Corporate Criminal Investigations

Patricia A. Bronte

Surprisingly few reported decisions discuss whether criminal investigations of corporate wrongdoing are covered under directors' and officers' liability insurance policies. This is amazing because the past decade has been marked by waves of corporate scandals, and federal and state prosecutors and regulators will likely continue to launch broad investigations of corporate conduct in the decade to come.

Features

Agreements for Future Relief from Automatic Stay Image

Agreements for Future Relief from Automatic Stay

Mike C. Buckley

The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"

Features

Clear Channel Muddies the Waters of ' 363(m) Mootness Protection Image

Clear Channel Muddies the Waters of ' 363(m) Mootness Protection

Shirley S. Cho & Bennett L. Spiegel

The Ninth Circuit BAP's recent opinion in <i>Clear Channel v. Knupfer</i>, 391 B.R. 25 (B.A.P. 9th Cir. 2008), threatens the sanctity of the mootness rule under Bankruptcy Code ' 363(m). Here's why.

Features

Labor Relations and the Supreme Court Image

Labor Relations and the Supreme Court

John P. Furfaro & Risa M. Salins

This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.

Features

No Rehire and No Comment Clauses in Severance Agreements Image

No Rehire and No Comment Clauses in Severance Agreements

Paul Snitzer

Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.

Features

As the Economy Stumbles, Employment Discrimination Claims Climb Image

As the Economy Stumbles, Employment Discrimination Claims Climb

Barbara Reeves Neal

The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. And prospects for improvement in these numbers are dim. Here's what to do.

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