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e-Commerce Contracts: Boilerplate or Common Sense?
Do clients actually read the contracts that lawyers write? Even if your carefully drafted documents are read, do you ever feel that they don't make a difference in how decisions are made, or cases get decided?
At times, it seems that clients don't care about the content or quality of your work, as long as they don't get sued over it. This angst is particularly true for 'fine-print' legal documents, such as Internet-usage policies or corporate boilerplate. The combination of too much to do in too little time, and ready-made forms (whether applicable to your deal or not), discourages most people, even attorneys, from reading legal boilerplate ' online or off.
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.