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Editor's Note: This article is the first installment in an ongoing series focusing on accounting and financial matters relevant to corporate counsel.
Corporate law is a team-oriented activity. Too often, a team of very talented lawyers, accountants, operations managers, and sales managers is assembled but doesn't gel. The reason is often that they misunderstand each other ' they come in with different underlying assumptions, different perspectives, and even different definitions of the same words or terms. Communication suffers and valuable information does not get adequately conveyed to all team members.
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 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.
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.
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.
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.