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Key Considerations in Choosing a Survey
The Association of Legal Administrators sponsored a panel discussion entitled “Law Firm Surveys – The Good, The Bad, and The Ugly” at their 2003 annual convention in San Diego. The panel included Don Williams (Chief Operating Officer – Schwabe Williamson & Wyatt, P.C.), Pete Peterson (former Legal Administrator for several Midwest law firms and current law firm consultant with the Law Firm Business Institute), and Bill Bachman (Executive Director – Bingham McCutchen LLP). Mike Short (Director – Hildebrandt International) moderated the discussion. Among other topics, the panelists advised attendees on the surveys available, key considerations when choosing a survey, data comparability issues, and survey data interpretation.
Part One of this article offered a general overview and comparison of the major surveys currently available for US law firms (Altman Weil's “The Survey of Law Firm Economics”; Hoffman Alvary's “The Flash Report on Law Firm Economics”; and Pricewaterhouse Coopers' “The Law Firm Statistical Survey”). Part Two offers advice on how to select a survey, and Part Three will explain how to get the most out of survey participation.
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.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."