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Achieving Optimal Evaluation of Business and Commercial Cases
Perhaps one of the most important services an attorney can provide to a client is discerning the merits of a case and the likely outcomes during the course of litigation. But what is the best way to go about evaluating a case? And if, as experience has taught, there is no 'best' way to evaluate a case, are there some really good ones that can be counted on to give the client sound advice over a broad range of potential types of cases?
First, it is important to know that case evaluation is neither a science nor really an art. Given the almost limitless known and unknown factors that shape the final litigation outcomes, perfection is almost impossible to achieve. The goal is to arrive at an 'optimal' evaluation.
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.