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The Definition of Insanity: 'Doing the same things over and over again and expecting different results.'
It is amazing to us how often we meet attorneys who have the self-limiting belief that they will never be successful rainmakers. We constantly hear things like, 'I didn't go to law school to sell something,' or 'the people I know who develop business can do so only because it comes naturally to them.' These are excuses that may make us feel better when we say them, but they will not ever help us move out of our comfort zones to become well-rounded professionals. As most of you already know, attorneys who can combine being a great practitioner with the ability to develop new clients are the most valuable commodities to their firms. As the economy becomes tighter, it becomes imperative that everyone in the firm become responsible for developing business. If you are a solo practitioner or work in a small firm, you already know the importance of developing business. If you work for a larger firm, the question to ask yourself is this: Who brings more value to the firm, the attorney who doesn't want to build a book of business, or the professional who can develop business as well as practice law?
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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 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.
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.
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This article explores legal developments over the past year that may impact compliance officer personal liability.