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The RED ZONE - Selecting Outside Counsel
May 01, 2007
HIDDEN DECISION MAKING – Last week we began a discussion of the pressures in-house counsel face in making their decisions to hire counsel. This week we will look more closely at Hidden Decision Making.To overcome hidden decision making, a law firm's red-zone strategy must include a systematic approach to finding out what the decision-makers won't reveal on their own. Who is the real buyer of the service the law firm is selling? Who is its real user? When are the decision-maker and the jperson the company sent to the sales meeting the same person?Holding pre-meeting, pre-presentation discussions in person or by phone are a must. And if this is a new potential client, identify other vendors used by the company and with whom you have relationships. Research at this stage will greatly enhance your opportunity to pursue and close this engagementPlease enter your comments below or through [email protected] May Day!
HIDDEN DECISION MAKING – Last week we began a discussion of the pressures in-house counsel face in making their decisions to hire counsel. This week we will look more closely at Hidden Decision Making.To overcome hidden decision making, a law firm's red-zone strategy must include a systematic approach to finding out what the decision-makers won't reveal on their own. Who is the real buyer of the service the law firm is selling? Who is its real user? When are the decision-maker and the jperson the company sent to the sales meeting the same person?Holding pre-meeting, pre-presentation discussions in person or by phone are a must. And if this is a new potential client, identify other vendors used by the company and with whom you have relationships. Research at this stage will greatly enhance your opportunity to pursue and close this engagementPlease enter your comments below or through [email protected] May Day!
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.