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Judy Brompster of Accountability Services (New York) says that some auditing firms are too prescriptive in their approach. “How can an auditing firm say that a deposition should take 40 minutes?” she asks. “Some take more, and some take less.”
Accountability Services lets the attorneys be the legal experts, but it focuses on making sure that they follow through on their commitment. “We expect legal counsel to do what it says it is going to do,” Brompster said. “Thus, if you tell your client that the deposition took an hour, we want to see evidence that it was an honest hour.”
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.
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.