Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Responding to a Government Subpoena or RFI
In-house counsel have taken notice of the federal criminal indictment and trial of Lauren Stevens, former in-house counsel with a pharmaceutical company, on charges she obstructed justice and made false statements in the course of responding to government requests for information. She has now been acquitted after the court dismissed the charges during the trial. Nevertheless, her mere indictment should give all in-house counsel a moment of pause because it shows the government's willingness to prosecute any individual ' including an in-house lawyer representing a client ' whom it believes has knowingly misled an agency or obstructed an investigation.
Notably, this is not the first case in which the government charged an in-house attorney with obstructing justice, and it is unlikely to be the last. Four brief case studies illustrate the government's reactions when it does not receive what it believes it is entitled to in response to a request for information (“RFI”) or subpoena. Based on the government's actions, ordinary approaches to civil discovery are ill-fitting in response to a government agency's efforts to obtain information, and in-house counsel must take extra care.
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.