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The RED ZONE - Selecting Outside Counsel
May 10, 2007
RELATIONSHIPS AND RETENTION – The Red Zone strategy to build and maintain relationships with inside counsel needs to be informed by an in-depth analysis of a company's past selections – how they wre made, problems that might have occurred afterward, legal-trade press or other media coverage of the relationship or the cases and transactions involved.This research, on the one hand, will set the seller's expectations and, therefore positively affect its strategy. On the other hand, the research will reveal holes in prior or current relationships, which should suggest natural opportunities for the seller to differentiate itself. For example, providing a resource missing from other engagements will get your firm's foot firmly planted on the “closing” goal line, if only regarding a discrete project. However, remember that limited engagements are always a sound Red Zone objective. Small successes position you for big ones.
RELATIONSHIPS AND RETENTION – The Red Zone strategy to build and maintain relationships with inside counsel needs to be informed by an in-depth analysis of a company's past selections – how they wre made, problems that might have occurred afterward, legal-trade press or other media coverage of the relationship or the cases and transactions involved.This research, on the one hand, will set the seller's expectations and, therefore positively affect its strategy. On the other hand, the research will reveal holes in prior or current relationships, which should suggest natural opportunities for the seller to differentiate itself. For example, providing a resource missing from other engagements will get your firm's foot firmly planted on the “closing” goal line, if only regarding a discrete project. However, remember that limited engagements are always a sound Red Zone objective. Small successes position you for big ones.
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.
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.
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.