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Lawyers, Technology and Money
Many lawyers do not like the title of my latest book, “The End of Lawyers?” And yet I am at pains to point out that my message is a mixed and not a negative one. I claim that the future for lawyers could be prosperous or disastrous. Admittedly, I do predict that lawyers who are unwilling to change will struggle to survive, but I also say that lawyers who embrace emerging technologies and novel ways of sourcing legal work will trade successfully for many years.
Many of my conclusions follow research among Corporate Counsel. Invariably, they tell me that they are currently under three pressures: to reduce the size of their in-house legal teams; to spend less on external law firms; and to find ways of coping with more and riskier legal and compliance work than they have had in the past. Both internally and externally, clients are requiring more for less. From 2004-2007, I found this to be a running, background theme in my research and discussions with in-house lawyers. In 2008-2009, in the slipstream of the economic downturn, it has become not so much a theme as an overriding imperative.
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.
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.
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.