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John Gaal's Ethics Corner
Q: My secretary of 12 years recently left the firm and for the past few weeks I have been struggling to get my work done. I was delighted to find out the other day that my firm has now hired a replacement secretary for me. When I took her to lunch the other day, she mentioned that she most recently came from another law firm that happens to be opposing counsel on a litigation matter I am heavily involved in. Does this pose any problems?
A: It certainly could. You undoubtedly are aware of the ethical problems that can arise when one firm hires an attorney who previously worked at a firm representing an adverse party. In those circumstances, that new firm might be disqualified from continuing its representation if it is determined that its newly hired attorney comes to it in possession, actual or presumed, of client confidences belonging to that adverse party.
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.
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.
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.