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COMMITMENTS MADE; COMMITMENTS FORGOTTEN
In-house counsel often complain to each other about what they are not getting from their law firms as promised during the proposal and romancing phase. And although outside counsel may be providing services “as usual”, and don't challenge themselves to review their promises to new clients, the insiders should hold their feet to the fire. What commitments did the law firm make to you and what do you need to do to remind them that they are not delivering? Are you finding that the proposed rate structure is somehow blending into higher monthly billings? When was the last time you mentioned it? If you thought you were hiring a winner, and are seeing a dutiful brief filer, is it too late to make a change? And was one of your selection criteria the need for a broad spectrum of potential legal services, only to find the firm can't deliver due to over capacity and under staffing?If in-house counsel should be task masters insisting on receiving what they were promised, then outside counsel should be asking themselves these same questions to insure they are delivering. Don't forget the commitments made.We will continue with this theme of client expectations and the disconnect that often occurs.
In-house counsel often complain to each other about what they are not getting from their law firms as promised during the proposal and romancing phase. And although outside counsel may be providing services “as usual”, and don't challenge themselves to review their promises to new clients, the insiders should hold their feet to the fire. What commitments did the law firm make to you and what do you need to do to remind them that they are not delivering? Are you finding that the proposed rate structure is somehow blending into higher monthly billings? When was the last time you mentioned it? If you thought you were hiring a winner, and are seeing a dutiful brief filer, is it too late to make a change? And was one of your selection criteria the need for a broad spectrum of potential legal services, only to find the firm can't deliver due to over capacity and under staffing?If in-house counsel should be task masters insisting on receiving what they were promised, then outside counsel should be asking themselves these same questions to insure they are delivering. Don't forget the commitments made.We will continue with this theme of client expectations and the disconnect that often occurs.
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.