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I coach high school football. On any given Friday night in the fall, I find myself screaming from the sidelines, 'Have a plan! Know your move before the play begins!' Why? Players with a plan are twice as likely to succeed. The inside swim move, the bull rush, the rip and the spin are all legitimate plans for a defensive end to pursue the quarterback. Once the plan's in place, you simply execute it. When the goal is to sack the quarterback, 'Bull rush the left tackle' is precise and achievable. 'Wait and see what happens' is vague and likely doomed to fail.
Random Acts
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.