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Movers & Shakers
John Dwyer, a partner at Cozen O'Connor in its Philadelphia office, has been named senior vice-president and general counsel of Brandywine Holdings, an Ace Insurance Group affiliated entity that handles the runoff of long tail liabilities.
Timothy W. Burns, a member of this newsletter's Board of Editors, has joined Heller Ehrman LLP's Insurance Recovery practice in the firm's Madison, WI, office. Former ABA Insurance Coverage Litigation Committee Co-Chair, Burns advises clients on all aspects of corporate indemnification and D&O insurance, including counseling with regard to the indemnification and insurance aspects of securities and derivative litigation, government investigations, initial public offerings, spin-offs, mergers and acquisitions, and bankruptcies. He also represents policyholders in D&O and other insurance coverage disputes and litigation.
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.