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[Ed. Note: The author is now putting finishing touches on a timely new book-with-CD publication, tentatively titled How to Buy, Sell, Merge or Close a Law Practice. In this forthcoming guide, Poll has updated his 1996 "toolkit" for buying and selling a law firm (see www.lawbiz.com) while also adding how-to chapters on firm mergers and closings. Although the related article below focuses on the sale of small practices, readers from large firms may take more than passing interest in Poll's observation that buyers of small firms are often attorneys who are leaving large firms.]
Large firms have long had well-defined methods for transferring ownership interests in a practice via “mergers,” “retirements,” “breakups,” etc. Attorneys in larger firms have also always had mechanisms in place that provided them and their heirs with funding for the value of their individual interests in the firm.
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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.
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