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DISCUSSION OF DISCOVERY
DISCUSSION OF DISCOVERY continues our series on winning communications with client prospects and clients. With research and media analysis completed, you are ready for the transition from talking to selling.For starters, ask how the CEO and Board of Directors expect to be apprised of pending risks and prevention steps. Such questions can directly generate deliverables on your end if, for example, that CEO or Board has asked in-house counsel to provide a larger dose of prophylactic analysis of operational or business units.If so, you've immediately found the critical sweet spot and possibly uncovered a future service area. At that point you can discuss related strategies that you've successfully implemented for other clients. If your question about preventive law does not resonate, you simply move on to the next question rather than bog down trying to sell something the company does not want to buy.Next time, we'll have a specific list of questions which will not only demonstrate your skill and understanding of their business, but draw out answers that will help you sell.
DISCUSSION OF DISCOVERY continues our series on winning communications with client prospects and clients. With research and media analysis completed, you are ready for the transition from talking to selling.For starters, ask how the CEO and Board of Directors expect to be apprised of pending risks and prevention steps. Such questions can directly generate deliverables on your end if, for example, that CEO or Board has asked in-house counsel to provide a larger dose of prophylactic analysis of operational or business units.If so, you've immediately found the critical sweet spot and possibly uncovered a future service area. At that point you can discuss related strategies that you've successfully implemented for other clients. If your question about preventive law does not resonate, you simply move on to the next question rather than bog down trying to sell something the company does not want to buy.Next time, we'll have a specific list of questions which will not only demonstrate your skill and understanding of their business, but draw out answers that will help you sell.
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.
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.
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.