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The 'Out of Towners'
Let me first start by saying that this article is being written by a life-long New Yorker from the standpoint of a New Yorker and by a person who has spent the better part of her life in the “law biz.” It is also written by a person who has had the experience of marketing a regional firm in another region. That's the disclaimer … here's the way I see it.
Public relations or not. If you are a reader of The New York Times, you may have noticed that when journalists quote an attorney for a particular piece, it seems that the quote comes from an expert in a firm outside of New York. What's going on? I will admit that for many years New York law firms shied away from being quoted at all, feeling perhaps that they were above it all and that their clients, for the most part high profile Fortune 500 corporations and large banking institutions would scowl at their outside counsel garnering attention. Now it seems that these firms have been relegated to the occasional quote while the regional/national firms have embraced the media and are truly “out there.” In speaking with Jay Jaffe, President and CEO of Jaffe Associates, about this issue, Jay indicated to me “that it is just inconceivable that New York law firms, with Madison Avenue as part of its demographic, have been a vast wasteland in the area of marketing and communications. Other professions get it … have you seen the marketing and communications that plastic surgeons and dentists have launched?” Jay and I are in agreement that New York law firms have resisted being high profile for a variety of reasons including the fact, as Jay points out “these firms didn't need it; times were good and there was little or no competition.” New York law firms saw national/regional firms as no threat to their client base. Jay also points out that this scenario mirrors that of London until competition from across the pond came calling.
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.