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Get on the Winning Side of Alternative Fee Transactions
Marketers at mid- to large-sized firms can win more business from major corporate clients by offering alternative fee arrangements (“AFAs”) ' despite the bipolar response of companies to them.
These statistics illustrate the schizophrenic reaction to AFAs or “value billing”:
- Almost all ' 95% ' law firms now offer some alternative fee arrangements, and all firms with 150 lawyers or more do so, according to an Altman Weil study. See http://bit.ly/cAmOkZ.
- Yet only half ' 52% ' of corporate clients use alternative fee arrangements, according to a Fulbright & Jaworski study. See http://bit.ly/czHimj. And, these companies use AFAs in some, but not all, legal situations.
Research by the Center for Competitive Management, http://bit.ly/fthlrz, and Inside Counsel, http://bit.ly/eZ1JYO, bear out the divided response by corporations to AFAs.
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.