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Client Speak: Client Co-Marketing
Client co-marketing builds relationships and sends an unmistakable message. Imagine you're Senior Intellectual Property Counsel of a Fortune 100 company. Every law firm within two continents of your main office has begun posting commentary, sending communiqu's, and publishing articles about the latest milestone ruling ' as of this writing, that would be KSR v. Teleflex. There's an article in a national journal by someone at the Smith firm. Someone at the Jones firm has a piece in the local legal newspaper. Another publication, however, has an article co-written by the general counsel of a major manufacturer and a partner at the Thomas firm about the possible effects of KSR on business and legal management.
There's a very good chance that the general counsel's article will be the first that you as an in-house lawyer will read. There's an equally good chance that you'll assume the Thomas firm represents that company. And, there's an awfully good chance that you'll also assume the GC thinks the world of the Thomas firm to let his good name run on the same byline.
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.