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Orientation Revisited and Reinvented
Many firms have instituted elaborate machinery for their recruiting (entry-level and lateral) and orientation, but there is a long way to go toward stellar results regarding orienting, integrating, and retaining those hard-won recruits. Some of the difficulties are generational; others can be traced to the traditions of partnership culture, which often lacks openness about management and how the firm handles the business of law.
Firms and companies are still trying to figure out the newest generation in the workplace. As more of the Millennial/Y generation continue to enter firms for what they expect will be very short-term stays, partners and managers agonize. They attend conference sessions and Webcasts, and they bring in generational experts for seminars. They are looking for the secret sauce that will turn the young recruits into the more traditional, driven professionals they knew and could count on to work hard, aspire to partnership, and stick around for three to five years, at which point they will have made money for the firm.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."