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Lawyer Business Development
LAWYER BUSINESS DEVELOPMENT continues the discussion of what in-house counsel expect from outside counsel during the “courting” period. I have had outside counsel tell me they were surprised by the wide range of questions they were asked during a marketing presentation. And I've also heard from in-house counsel that they were surprised at how little information the presenters really had.Pre-client meeting preparation is critical to winning a new engagement, even from a current or recent client. Close communications during any contact effort, whether pursuing new business or arranging for an in-house presentation, are critical to assess success, analyze and adjust to challenges, and keep on moving. Be willing to ask questions such as what are the most important criteria to you in evaluating current client work including: * Understanding their business * Client focus * Dealing with unexpected changes * Commitment to help, etc?Who are the final decision makers at the client, the user of your services plus a budget/financial executive? In-house counsel recognize the need to provide this information but most won't volunteer it. They want to be asked as part of their evaluation process.
LAWYER BUSINESS DEVELOPMENT continues the discussion of what in-house counsel expect from outside counsel during the “courting” period. I have had outside counsel tell me they were surprised by the wide range of questions they were asked during a marketing presentation. And I've also heard from in-house counsel that they were surprised at how little information the presenters really had.Pre-client meeting preparation is critical to winning a new engagement, even from a current or recent client. Close communications during any contact effort, whether pursuing new business or arranging for an in-house presentation, are critical to assess success, analyze and adjust to challenges, and keep on moving. Be willing to ask questions such as what are the most important criteria to you in evaluating current client work including: * Understanding their business * Client focus * Dealing with unexpected changes * Commitment to help, etc?Who are the final decision makers at the client, the user of your services plus a budget/financial executive? In-house counsel recognize the need to provide this information but most won't volunteer it. They want to be asked as part of their evaluation process.
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.