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NY Issues New Professional Responsibility Rules
On April 1, 2009, the Rules of Professional Conduct went into effect and replaced the current New York Lawyer's Code of Professional Responsibility as the governing rules of professional responsibility for attorneys in New York State. The rules generally end New York's status as a professional responsibility renegade as they comport with the ABA Model Rules that serve as the template for professional responsibility in 47 other states. New York lawyers can now draw on a very large body of decisions and commentary from other states as they encounter ethical quandaries in their practice. Most practitioners also feel that the rules are much more clearly organized than the Code, making it easier for attorneys to seek guidance.
In the short term, however, lawyers will have to meet the challenge of familiarizing themselves with the rules, and with how they influence resolution of professional responsibility dilemmas in their practice.
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.