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Issues Facing Law Firm Ethics Counsel
Many law firms, particularly larger ones, designate attorneys or committees to address and resolve a variety of issues, from hiring, legal and insurance concerns to ethics issues. In this article, I focus upon the ethics function, and the unique ethics issues that are faced today by law firm ethics counsel. Some firms combine the ethics function with “general counsel” tasks, and others empower their ethics attorney or committee to decide business conflict issues as well. However the law firm decides to design the administrative structure to address ethics issues, the base underlying principles for ethics counsel remain the same. Like every other area of the law, attorneys who provide ethics advice to clients are bound by the applicable Rules of Professional Conduct. Even when the law firm is the client, e.g., even when the advice is only given within the law firm, ethics rules will usually come into play. But, in comparison with advising a paying client, the practical and legal ramifications flowing from the intra-firm work of law firm ethics attorneys are fairly unique.
The ABA Ruling on Ethics
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.
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.