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Beastly Beauty Contest for Preferred Providers
[Editor's Note: In this compelling snapshot of a growing trend, Eriq Gardner describes the newly expensive vetting procedures now faced by outside firms choosing to pursue business with a highly demanding large client. Gardner also touches on law business practices (eg, long-term fixed-fee contracting for an entire class of a client firms' litigation needs) that may bode ill for the quality of justice produced by the overall legal system.]
It was a cold day for a beauty contest. On a blustery morning last December, a small army of product liability lawyers tried not to slip on the ice as they made their way to the Plaza Hotel in New York. The largest pharmaceutical corporation in the world, Pfizer Inc., had rented a ballroom in the grand old hotel and summoned them.
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.