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Understanding Your Firm's Organizational Culture As a Path to Success
The leaders of modern organizations, law firms included, are beset with exhortations to change. Dynamic change, transformational change. How do you drive it? How can the firm look different tomorrow than it did today? It seems as though few components of a firm are exempt from calls to re-imagine and re-engineer. While it is critical for institutional learning to include the mastery of shifting competitive dynamics, recognizing and reinforcing the valuable fundamentals that do work is just as important. Knowing who and what you are is just as powerful as knowing what you want to be. This identity, which drives lateral recruiting, mergers, departures and development, is organizational culture.
For many law firms, culture is often thrown into this change basket without giving proper thought as to whether it is actually advantageous or aligned with strategy. One reason for this is that climate, which comprises the more temporal and subjective reported experiences of individuals within a firm, can be confused with culture, which comprises long-term, widely held common expectations within a firm that explain why those experiences happen. And, given the complexity of the owner-manager structure of a law partnership, where more voices are heard at the same volume than in a hierarchical corporation, the positive fundamentals of culture can be more difficult to identify.
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.