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Media & Communications Corner: <b>How To Make The Most Of A Stale News Story</b>
All marketing directors have experienced it. They receive an e-mail that describes a terrific deal closed or case “just” won by an attorney at the firm. The attorney requests a press release and a full-blown public relations push to all media outlets, local and national, including the Wall Street Journal and the New York Times. But curiously, nowhere in the e-mail does the attorney mention when the big case or deal happened. As it turns out, it is because it happened more than a month ago and, since the client did its own press release immediately after the fact, every media outlet known to man covered it then. So how can a marketing director say no, without actually saying it? The dilemma is that you cannot send the release to the media again, weeks after the fact, but you don't want to tell the attorney that he or she has no options either. So here are some suggestions of how to make the most of old news.
Before anything is done, the attorney needs to get permission from the client to do any PR on behalf of the firm. In many cases, PR was not done initially because the client preferred to handle it themselves and did not want their outside counsel trying to initiate PR efforts on their own. Once the client has granted permission, it is ok to write a press release from the firm but it cannot go out to the media who already covered the story. Instead, tell the attorney that you can post the release on the firm's Web site and send it over the Jaffe Legal News Service as well, which goes to more than 600 reporters and editors and is a free service. That way the release is able to be archived and searched and available to visitors to the firm's Web site. And don't forget to add the deal or case to the attorney's bio on the firm's Web site as well.
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.