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Counsel Concerns
Legal Malpractice/Damage Award Testimony
The Supreme Court of Connecticut upheld a legal malpractice judgment against a law firm that represented the plaintiff client in a suit over a sports publishing company he had co-founded. Margolin v. Kleban and Samor P.C., SC 17388. Kleban and Samor had represented Robert J. Margolin in a suit against Margolin's former business partner in Professional Team Publications. That suit had alleged that Margolin's partner Peter C. Jacquith had tortiously interfered with Margolin's publishing-employment contract, fraudulently induced and defamed Margolin. Margolin obtained a default judgment but was unable to find Jaquith to collect on the ruling. Margolin then sued Kleban and Samor for failure to request or get him a prejudgment remedy against Jaquith. The trial court awarded $1,040,183 to Margolin in the malpractice action.
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.