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Fiduciary Hopefuls Must Meet New Requirements
With a June 1 due date looming for a new list of eligible fiduciaries, lawyers interested in qualifying for the court-appointed positions must meet the new training requirements announced by Chief Administrative Judge Jonathan Lippman in March. Developing new training requirements was one of the recommendations of a blue-ribbon panel appointed by Chief Judge Judith S. Kaye to examine the court's system for the appointment of fiduciaries to ensure there is no favoritism.
In December, Judge Lippman implemented the recommendations of the panel, headed by Sheila L. Birnbaum, to bar or limit political leaders, high-level court officials and former judges from accepting fiduciary appointments. The December rules, which went into effect on Jan. 1, also disqualify lawyers who earn more than $50,000 from court appointments in a single year from accepting any appointments in the following year.
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.
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.
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.
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.