Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Strategies Needed To Support Compliance Policy Initiatives
Proactive Compliance. Risk Management. Loss Prevention. Regardless of what you call it, all firms have the need to assure that client information is handled properly at all stages, to mitigate litigation and penalty risks, and to protect client and firm reputation.
Simply put, compliance is the process of insuring that there are no gaps between firm policy and practice. This includes external mandates (eg, Sarbanes Oxley, EU Privacy laws), industry practices (eg, ABA guidelines), ethical considerations (eg, conflict of interest, ethical walls, etc.), as well as internal policies and procedures. Proactively addressing compliance issues involves firm-wide awareness, attention and communication. It involves people, processes and technology working together across all departments ' from an evaluation of internal business processes, to an understanding of the global regulatory environment and industry best practices, to the development of firm-specific policies and procedures and the leveraging of technologies to enable adherence. Sorting through risk issues and prioritizing initiatives is no easy task. Interestingly, when compared with the daunting challenges of sorting through risk issues, setting policy and changing behavior with the firm, the technology side of the equation is manageable.
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.