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The Branding Bandwagon is Losing Its Wheels
A recent article in a legal publication stated, “there's a growing realization that money spent on branding campaigns hasn't paid off,” referring in particular to the branding efforts of some large law firms. If this is true, what should your firm do about it? Should your firm jump on or off the “branding bandwagon”? How did branding become so prevalent?
First of all, let's understand the context of the situation. In the late 1990s, several of the larger law firms in the U.S. embarked upon “branding” campaigns. One of those, Brobeck, Phleger & Harrison, spent a total of $6.2 million on a television advertising campaign that was criticized for failing to make a discernible impact on profitability. Brobeck is, of course, now defunct. Other national firms had followed the advice of their marketing directors and outside consultants, implementing extensive (and very expensive!) branding campaigns, and subsequently found that the devotion of financial and human resources was over-weighted. Many of these firms have now begun to allocate more money to marketing programs that generate near-term work, going away from extensive image-building activities.
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.