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The Unauthorized Practice Of Law: A Bottomless Ethics Pothole
I've lived my entire life in the Northeast where, every winter, the bottomless pothole reigns supreme. For residents of more temperate climates, the bottomless pothole is the one that's filled to the brim with slush and water. When an unsuspecting motorist drives through a puddle, the bottomless pothole is the rare but debilitating cause of serious damage to one's automobile. It causes flat tires and broken axles, especially when encountered at high rates of speed.
The unauthorized practice of law (UPL) issue is the modern law firm's ultimate bottomless ethics pothole. In today's world, common sense would seem to dictate that a Maryland lawyer could close a complex commercial transaction for a Maryland client in foreign jurisdictions like Florida or New York. The fact that more than a few states would disagree with this proposition is what makes the UPL issue the bottomless pothole that it is.
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.