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Analyzing Law Firm Business Capabilities With Heat Mapping
(Editor's note: To exploit emerging opportunities in a rapidly changing competitive environment, agile competitors need to strategy-align and optimize their in-house and outsourced business capabilities. Arguing that older process-improvement strategies are ill suited to modern law firms, the authors advocate using Microsoft's patent-pending Motion methodology (in conjunction with benchmarking tools) to analyze and assess a firm's strategic business capabilities.
The Motion methodology employs custom 'heat map' diagrams to highlight specific business capabilities for which performance gains would most likely yield overall strategic benefits. From its origin as a technique to visually depict thermal gradients via color-coding, heat mapping has proved extremely fruitful for visualizing and exploring all sorts of voluminous quantitative data. Heat mapping software products are now available for visualizing business data, including data stored in Excel spreadsheets and Access databases.)
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.
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.
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.