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A Case for Operating in the Cloud
A 27.5% drop in revenue will get your attention. It did mine in April 2009 when I reviewed my firm's financial results for the first quarter of the year. I was shocked, and worried whether my practice could stay open. I knew some of my competitors had gone out of business and I was afraid I was next.
But, I didn't feel things were too bad and as I looked farther down the income statement I realized why.
- Rent Expense: down 50%;
- IT Costs: down 90%;
- Outside Workers Cost: down 60%; and
- Payroll Costs: down 40%.
I realized then that my movement to Microsoft's “cloud” enabled me to survive this downturn and will help me thrive in the upturn. Without it, I may not have stayed in business. There are two ideas I would like to emphasize with this article.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."