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Dominance in the Details
Ed Wesemann's book Creating Dominance provides an impressively coherent guide to strategic thinking for law firm planners. The book draws on Wesemann's extensive experience in law firm consulting as well as insights from business-management theorists ' notably Peter Drucker, pricing theorists Thomas Nagle and Reed Holdern, Hardball authors George Stalk and Rob Lachenauer, and merger scorecard explicators Robert Kaplan and David Norton.
The book's opening chapter, excerpted in this issue in full except for graphics, explains why law firms should seek to dominate their market niches. Subsequent chapters offer a wealth of how-to ideas for improving and leveraging a law firm's market share through five different approaches:
- Geographic strategies;
- Practice strategies;
- Industry strategies;
- Pricing strategies; and
- Growth strategies
As Wesemann explains, these strategies have many interdependencies, and many of them depend heavily on timing. For example, the requirements for gaining industry dominance differ depending on whether the industry itself is in an emerging, growth or mature stage.
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.