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On the Move
O'Melveny & Myers LLP has announced that Michael J. Sage, formerly the co-chair of Stroock & Stroock & Lavan LLP's Financial Restructuring Group, along with fellow former Stroock partners Gerald C. Bender, Doron Lipshitz, and Patricia M. Perez, have joined O'Melveny's New York office. Sage will be co-head of O'Melveny's Business Restructuring and Reorganization Group, along with San Francisco-based partner Suzzanne Uhland. Sage, a member of this Newsletter's Board of Editors, has a restructuring practice that focuses on the representation of funds, with a particular emphasis on the M&A aspects of bankruptcy practice. Private equity and distressed debt funds are a focal point of his expertise. He represents ad hoc bondholder committees, official creditors' committees, acquirers, and debtors in bankruptcy proceedings and out-of-court restructurings.
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.