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'How Technical Should I Get, and When?'
Last month, part one of this two-part article asked the question: 'How technical should I get, and when?' The first installment specifically focused on the pretrial phase; posing questions about how you view your case and suggesting ways that the 'how technical' analysis could help simplify your case presentation overall. It also discussed factors that might help you find the level of technical sophistication that's right for your venue, your judge and yourself.
This time, we'll consider the same question as it applies to the trial itself: How technical you should get in selecting presentation media, and ultimately displaying it to the jury. We'll also explore some best practices for bringing technology into the courtroom with you, and some popular myths and misconceptions about how jurors view 'fancy' or 'slick' presentations.
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.
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.
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.
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.