Features
Employee's Inability to Work Overtime Is Not a Per Se Disability
The Fourth U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the ADA.
Features
Advising a Whistleblower After Dodd-Frank
This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact.
The Most Liquid Assets
This article is the third installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
Your Social Media Policies May Violate the NLRA
Employer policies and practices on employees' use of social media continues to be a hot topic for the National Labor Relations Board. Here's what you need to know.
Features
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also analyzes some recent cases of interest, including two decisions from the Delaware Chancery Court.
Features
Legislative Update: EU Issues New Data Protection Proposals
Much as was anticipated, the European Commission recently announced its long-awaited proposals on what are likely to be viewed as drastic changes to data protection law in Europe.
Features
Secured Lender Invokes Seldom-Used Tool to Protect Collateral in Bankruptcy
In a Chapter 11 bankruptcy process,the question becomes: Who will take the loss on their balance sheet ' the lender or the borrower? An analysis of recent litigation.
Features
Public Corruption Prosecutions in New York
This article focuses on the example of New York State and the prosecution of public corruption offenses under that state's law. A case in point is the recent prosecution of former New York State comptroller Alan Hevesi, in which then Attorney General Andrew Cuomo effectively used a statute other than bribery to prosecute public corruption.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
