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Don't Let An Ex-Employee Sabotage Your Case
As we saw on the “Sopranos” season finale, Johnny Sack was ratted out by a member of his own family, which led to his arrest by the FBI. While the role of an informer or “rat” makes for a good story line on a TV show, it is a reality in the world of trial lawyers, not only in high-profile criminal cases, but also in many civil cases, commercial or otherwise.
With the instability in the corporate world today, employees ' both managerial and not ' are changing jobs or being laid off routinely. The employee who spends his entire career with one company is clearly now the exception, not the rule. Gone too is the concept of “loyalty up ' loyalty down.” Corporations today can no longer afford to show their appreciation to long-term employees, as was the case a generation ago. In return, corporate employees do not reciprocate the same loyalty as they did in years past. This article discusses some strategies for dealing with the possibility of a hostile former employee sabotaging your otherwise valid claim or defense.
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.