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Hearings and Depositions: Listen ' and Ask the Right Questions
Lawyers are trained to practice law, but they are also expected to listen ' to their clients, to witnesses, to their opponents and to the court and regulatory agencies for instruction. That crucial listening skill should extend beyond what is said to things that are implied or left unspoken (would only that this advice were heeded in general!).
Those listening skills are especially critical when it comes to covering all the bases for electronic data as a component of discovery; the field is still so new for clients and courts alike that many people just don't understand what is involved in an e-discovery request. Clients rarely pay attention to the specific wording of requests or the accompanying instructions, and rely on their legal counsel to tell them what they are being asked to produce. That means the burden of covering all those bases falls most heavily on the lawyers.
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.