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The New DOL Fiduciary Rule
The Department of Labor's Fiduciary Rule became effective on June 9th, 2017, and is in a transition period to take full effect on Jan. 1, 2018. Since the rule was introduced in April of 2015, it has faced debate from both sides of the argument: was it needed or not needed? Now that it is in place and active at least in some capacity, what does it mean to retirement plans, retirement plan sponsors, retirement plan participants, investors and financial advisers?
While there are many items and complexities to the new rule, this article focuses on the basic premise of why the rule was developed and adopted and the effect on the retirement landscape and the players involved.
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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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.