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New Chief At the CEO's Roundtable
Recent reports of criminal investigations, indictments and resignations of high-ranking company personnel coming out of the Hewlett-Packard boardroom remind us that, even after the scandals of the 1990s and the host of new laws, regulations and internal corporate practices that followed, bad things can happen at good companies. Among other things, the saga at HP reinforces the need for an independent compliance and ethics function at all publicly traded corporations. What follows is a proposal to create such a function by improving on the considerable advances in this area made by U.S. companies over the past several years. The foundation for this proposal is this: Ethical and compliance issues are best addressed by corporate officers who are organizationally, physically and financially independent from those of their colleagues who might be subject of their investigatory and reporting work.
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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.