Retaliation Under Title VII
September 27, 2006
What types of employer conduct can constitute retaliation under Title VII? The answer to that question has changed significantly with a recent U.S. Supreme Court decision.
DOJ Reviewing Guidelines
September 27, 2006
During a Senate Judiciary Commit-tee hearing on Sept. 12, a top U.S. Department of Justice official acknowledged that the so-called Thompson Memo on the attorney-client privilege in corporate investigations has ignited complaints across the legal and business landscapes, but he vigorously defended the current policy as a sound one.
Compensation Committees
September 27, 2006
The issue of nonprofit executive compensation has not left the news in recent months. The Internal Revenue Service's 'soft-contact' initiative, which began in June 2004, is nearing completion. Although the final results are not in, the numbers are impressive.
Perspectives on Compliance Programs
September 27, 2006
The crimes at Enron may have been different in degree and even in kind than at other institutions. But those who write off Enron as an anomaly, with no lessons to offer corporate America, are wearing rose-colored glasses.
Option Backdating
September 27, 2006
This is not an easy time to be in the general counsel's office of a public company. The investigations into stock options backdating tend to reach into various parts of the organization, often simultaneously. Some practical rules of the road are in order, to allow the general counsel's office to spot and address the relevant issues in an appropriate, cost-effective manner.
Blackmail and the CEO
September 27, 2006
You got up yesterday morning and went to the front door of your house to take in the morning newspaper. That's when you saw it. A sealed manila envelope with your name typed on the label. You figured that it must be work-related, so you opened it. When you did, what you saw made your heart jump. Inside was a plain piece of paper with these typed words: <i>'I Know What You Are Doing. Shame On You. Stop The Cheating And The Lies Or I Will Tell The World. You Will Be Disgraced. How Could You Hurt So Many People?'</i>
Kick That Sleeping Dog!
September 27, 2006
Many months ago, federal grand subpoenas arrived on your client's door step. Their unexpected arrival and broad scope set off typical alarm bells and suddenly displaced a good deal of ongoing business. Your client immediately turned to you to undertake an investigation of the matter and a response. Your client's Information Services Department swept all electronic databases, and you directed phalanxes of young lawyers to conduct interviews and review documents for responsiveness. Now what?