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IS DIVERSITY A PREFERENCE OR A VALUE ADDED? II.
A SURPRISE EXAMPLE – Recently, I was genuinely surprised by a most well respected Associate General Counsel of a global corporation. This lawyer was huffing and puffing because his colleague at a competitor company had received an accolade from the local newspaper praising her as one of the tope in-house counsel in the region. The award itself as well as the press coverage focused in large measure on her outstanding record in recruiting women and minorities, and on her efforts to incentivize outside counsel to likewise excel.At bottom, my AGC's hostile reaction was driven by his perception that diversity in and of itself is a spurious professional standard for companies like his own as well as for the professional firms he hires. I do not believe this guy is a sexist or a racist. Instead, he seems to be a familiarly conservative opponent of what he perceives to be preferences in any shape, size or variety. Next column will discuss the flaw in his thinking.
A SURPRISE EXAMPLE – Recently, I was genuinely surprised by a most well respected Associate General Counsel of a global corporation. This lawyer was huffing and puffing because his colleague at a competitor company had received an accolade from the local newspaper praising her as one of the tope in-house counsel in the region. The award itself as well as the press coverage focused in large measure on her outstanding record in recruiting women and minorities, and on her efforts to incentivize outside counsel to likewise excel.At bottom, my AGC's hostile reaction was driven by his perception that diversity in and of itself is a spurious professional standard for companies like his own as well as for the professional firms he hires. I do not believe this guy is a sexist or a racist. Instead, he seems to be a familiarly conservative opponent of what he perceives to be preferences in any shape, size or variety. Next column will discuss the flaw in his thinking.
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.