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<b>Case Study:</b>Building a Collaborative Network
Health Care Indemnity (HCI) manages the claims and lawsuits associated with Hospital Corporation of America (HCA), employing over 80 law firms nationwide and processing over 5000 claims annually. While HCI had assembled a talented defense team, there was no day-to-day collaboration among the attorneys. The effects of a rallying annual meeting would last a few weeks, and then each attorney would return to his or her individual practice, focusing on the task directly in front of him/her. If our attorneys in New Mexico were faced with cross-examining an expert, they might spend 40 hours researching and preparing, unaware that our firm in Virginia may have already done the same exact work with the exact same expert. The results: unknowing reinvention of the wheel on recurring issues and witness development, and inconsistent case management.
To increase their effectiveness, efficiency and collective strength, and eliminate duplicative legal costs we needed to leverage the resources and intellectual capital of this national team of attorneys. Our solution was ultimately a two-pronged approach: First to provide counsel with technology to enable collaboration and sharing of resources in real time; and second, to gather the data to analyze the effectiveness and efficiencies of counsel and identify, encourage, and enforce best practice collaboration.
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.