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Practice Tip: Deciding Whether to Involve the Court in Confidential Matters
In a litigated dispute, the court is the referee between the parties, and the lawyers will routinely submit matters for its official approval. Agreements between the parties ' such as agreements regarding document confidentiality or settlement ' are much more easily enforced if entered as court orders rather than left as private contracts. Consequently, it is standard practice to reduce such agreements to orders.
There are times, however, when it is not in the interests of the parties (or at least not in the interests of one party) to involve the court in an agreement between the parties. You should always consider the competing interests at stake. If you involve the court, you will have an easily enforced order to which the court is already committed, at least to the extent of having placed its official authority behind it. Involving the court also provides a measure of protection against that court ' or another one ' subsequently finding something objectionable about your agreement and voiding it. Finally, it is possible that your judge may be displeased by being excluded from some aspect of the case that he or she is used to endorsing.
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.