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Counsel Concerns
Personal Jurisdiction in Legal Fees Dispute
The New York Court of Appeals affirmed that a California client was subject to personal jurisdiction in a suit by a New York lawyer for attorney fees. Fischbarg v. Doucet, 2007 N.Y. Slip Op. 09962. In 2001, Suzanne Bell-Doucet, president of the California company Only New Age Music Inc. (ONAM) called New York lawyer Gabriel Fischbarg to discuss possible representation in a legal dispute with Allegro Corp., an Oregon company. Bell-Doucet sent Fischbarg a $2,000 payment 'against expenses' and correspondence confirming a contingency fee. Bell-Doucet also sent contracts and additional materials regarding the Allegro dispute. Fischbarg then agreed by phone to a retainer agreement with the California client. Allegro soon sued ONAM in Oregon federal court.
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.
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.
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.