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Client Speak: The Do-or-Die Business Development Moment
At a recent presentation to the Virginias chapter of the Legal Marketing Association, we called attention to an odd paradox. If you think about the partners in your firm, you'll likely agree that most of them probably have the raw guts to look another human being in the eye and growl, “I'm going to sue your butt off!”
Yet those same lawyers are seemingly too timid to finish a discussion with a prospective client by politely asking, with the kindest intentions for all concerned, “Will you hire us?” Additionally paradoxical, this apparent attorney timidity extends ' not just to relative strangers unfamiliar with their talents and achievements ' but to existing clients as well. The lawyers may have produced good results. They've been responsive and maybe provided appreciated value-added service as well. Still they cannot quite bring themselves to ask for new work or cross-sell colleagues to folks they've known for years. Even Oliver Twist had the courage to beg a second bowl of gruel!
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.