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Practice Tip: Is Your Case Worth Displaying?
Let me start by assuring you that I have nothing against using high-end technology in the courtroom. Like many who read this column, my colleagues and I make our livings designing state-of-the-art demonstrative evidence and other teaching tools for use in complex civil and criminal cases. Why is it so important for me to let you know this? Because I want you to fully appreciate where I am coming from when I state the major premise of this article: We need to help trial lawyers make better choices when it comes to how they display material in court. An increasing number of lawyers are relying on high-end technology as a crutch and using these display methods without thinking about whether it makes sense to do so or whether their cases are better as a result.
Some lawyers believe that all the money spent on technology can substitute for carefully preparing their case. These lawyers forget a basic truth. They forget an ill-conceived message does not get better merely because they display it using high-end technology. The only thing that lawyers get when using expensive technology to display a crummy message is a more expensive crummy message.
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.