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Understanding <i>Blakely's </i>Impact on Corporate Compliance and Ethics
Timing is everything. The U.S. Sentencing Commission's Revised Organizational Sentencing Guidelines, with their significant shift in focus from corporate compliance programs to a broader assessment of corporate efforts to create corporate to instill cultures of “compliance and ethics,” took effect on Nov. 1, 2004. The Revised Sentencing Guidelines are published at 69 Fed. Reg. 28994, 29018-29024 (May 19, 2004). (A copy annotated with LRN's comments is available at www.lrn.com /news/ussc2.htm, as is LRN's testimony and comments to the Commission.) But even before their effective date, their future, particularly with respect to individual defendants, was in doubt. On Oct. 4, the Supreme Court heard oral argument, on an expedited basis, in two cases — Booker and Fanfan — that challenge the constitutionality of the basic structure of the Federal Sentencing Guidelines themselves.
While the Supreme Court may certainly reject the current Sentencing Guidelines, it would be more than unwise to assume that such a decision renders the Organizational Sentencing Guidelines without value. The real value of the Guidelines is not for a company hoping to qualify for a lower sentence, in the sad event of being convicted of a crime. Instead, they offer a roadmap for a company seeking to perform its most basic obligations of corporate governance: building ethics into the fabric of the company, and creating robust processes to meet its legal obligations.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
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.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.