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Edgy Ethics In Law Firm Competition
[Editor's Note: Thanks to law firm strategist Ed Wesemann ([email protected]) for allowing me to share these thoughts from his recent EDGE International emailing. Ed, in turn, acknowledges inspiration from Hardball, by George Stalk and Rob Lachenauer, pub. Harvard Business School Press. (c) 2004 by Ed Wesemann.]
When a large appliance manufacturer staged a beauty contest to consolidate its regional product counsel, a midsized litigation boutique firm wanted to compete for the work against the firms that had traditionally done the company's work. Its competitors were very large general practice firms and, even though the firms stacked up evenly in terms of the quality of their lawyers, the boutique firm believed the large firms were terribly inefficient in their staffing and handling of cases. They entered into a strategic alliance with a bill auditing firm, and a member of that firm participated with the boutique's lawyers as part of the presentation team. The message was: “We will have the bills audited at our expense before they are even sent to you.” The tactic not only enhanced their competitive advantage, but attacked the competitors as being too expensive without actually saying it.
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.