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The RED ZONE - Selecting Outside Counsel
According to a recent BTI survey conducted in 2006, 61.1% of corporate clients had fired at least one of their primary law firms in the previus 18 months. This represents almost a 10% increase over the previous year. One of the majr reasons for this volume of action is that your long-term clients may no longer be in decisionmaking positions. Buyers of legal services form attitudes often unsuspected by law firms that are based on internal pressures:* GC's positions have become more tenuous;* Shareholdure pressures on corporate value have increased;* New product or service development costs have grown;* Boards of Directors' expectations of in-house counsel and their roles in “preventive law” present even greater challenges;* SOX has created liability for GC's that many do not want to bear, or simply can not bear; and* CEO's are breathing down their necks.So when you are preparing to enter pitch or proposal meetings, or just staying in touch with your clients, find out “what keeps 'em up at night.” Ignorance is not bliss – so ask.
According to a recent BTI survey conducted in 2006, 61.1% of corporate clients had fired at least one of their primary law firms in the previus 18 months. This represents almost a 10% increase over the previous year. One of the majr reasons for this volume of action is that your long-term clients may no longer be in decisionmaking positions. Buyers of legal services form attitudes often unsuspected by law firms that are based on internal pressures:* GC's positions have become more tenuous;* Shareholdure pressures on corporate value have increased;* New product or service development costs have grown;* Boards of Directors' expectations of in-house counsel and their roles in “preventive law” present even greater challenges;* SOX has created liability for GC's that many do not want to bear, or simply can not bear; and* CEO's are breathing down their necks.So when you are preparing to enter pitch or proposal meetings, or just staying in touch with your clients, find out “what keeps 'em up at night.” Ignorance is not bliss – so ask.
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.