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Counsel Concerns
Attorney-Fee Dispute/Counsel Disqualification
The U.S. District Court for the Southern District of New York decided that a former associate in a law firm can continue to represent one-time Lynyrd Skynyrd guitarist Ed King in a fee dispute between King and the associate's former firm. King v. Fox, 97 Civ. 4134 (RWS) (JCF). King had hired W. Robert Curtis' firm (C&RC) to represent him in a legal malpractice dispute with attorney Lawrence King, who had represented King in pursuing King's Skynyrd royalties from MCA Records. King later terminated his relationship with the Curtis firm in a dispute over C&RC's legal fees. King then retained former C&RC law associate John A. Howard, who himself had sued Curtis over Howard's status in C&RC, to handle King's fee dispute with Curtis. Curtis moved to have Howard disqualified, arguing Howard was in a position to use confidential information from when he was at the Curtis firm, had a personal interest that affected his professional judgment and would likely be a necessary witness in the King-Curtis fee dispute. Howard argued, on the other hand, that he hadn't worked at the Curtis firm when the disputed legal work for King had been performed, that he had been minimally involved in the King-Fox malpractice litigation (by working for 1.5 hours on clerical issues in the case) and that there was no substantial relationship between the King-Fox malpractice suit and the King-Curtis fee dispute.
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.
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.
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.