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By no means do the economic stability and steady growth of a legal practice ensure harmony in the partner ranks or, for that matter, the contentment of any single lawyer. Managing partners who breathe too easily when reassuring revenue or profit numbers get posted may endanger their firms by ignoring tell-tale signs of disharmony. Law firms have been known to go out of business amid strong financials just as precipitously as when those numbers tumble. Remember Shea & Gould?
The culture of a firm may be its greatest asset for identifying and pursuing both immediate and long-range objectives. Conversely, even as new clients pour in the door, the culture of a firm may be a minefield if it is bound to 1) outdated traditions (“because we've always done it this way”); 2) management styles that are dysfunctional and inconsistent with the desires and expectations of a majority of the partners, as well as the needs and priorities of the firm; or 3) anachronistic philosophies inherited from senior or departed partners that are dismissive of the marketing and compensation programs required to compete aggressively with other financially successful, proactive law firms.
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.