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Tear the roof off most any major law firm and what do you see? Massive amounts of unfocused marketing energy. From this 30,000 foot, leaders-eye view, responsible stewards of their firms should ask, “how do we harness this energy, how do we concentrate it to achieve our overall goals (assuming we have any), and how do we converge the activities of our individual lawyers, the practice groups, disparate offices, and departments in order to unleash the potential that we know exists?”
It is the job of leadership to define and channel this whirlwind of human activity. Looking into a leader's managerial toolbox, there is one piece of equipment that is woefully underutilized for providing the necessary navigational support. This instrument is the retreat. A well-designed retreat is the eye of the storm, a short window of calm that allows for reflection, decision-making and planning. Once the swirling winds of practicing law reemerge, the results from a retreat can provide the necessary guidance that most firms lack.
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 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.
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.
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.
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.