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Perhaps I have been influenced by too many children's books, but it certainly does seem as if “Chicken Little” is afoot.
Very commonly, our clients are emotional. Recently, they have been even more upset. They are being affected by the current state of economic affairs on a conscious or subconscious level. It is harder to get people to focus, and as their advocates, we are dealing with resolving cases in a fluctuating, negative market. By the time an evaluation of an active asset, such as a business, is completed, it is no longer current. By the time a passive asset, such as a house, is appraised, it is worth significantly less than the appraisal.
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.
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.
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.