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<b>Professional Development University:</b> CLE For The Soul
Pen in hand, I write to report that the 11 years of being my state's compliance maven of CLE have given me an up-close and personal view of attorney-dom that few non-lawyers witness. I am the confidant to lawyer stress, struggle, and reflection on what it means to be a lawyer. This is often spoken in hushed tones, with perhaps a sense that such confession might somehow be disloyal to the proud profession.
With civility and ethics at the top of lawyers' agendas, it at times seems to some to be a fragile balancing act as the need to zealously advocate for one's client and keep the practice profitable in a very populated profession can bring one close to the ethical bright line. In fact, the inception of the continuing legal education mandate in many states came on the heels of ethics breaches that were grievous enough to demand that ethics, professionalism, and general professional development be mandated. Out of crisis did come opportunity.
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.