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The experienced bankruptcy professional is sometimes faced with the dilemma of a business client with financial issues ideally solvable in Chapter 11, but for the certainty that a lethal combination of the proceeding's cost and deleterious operational effect will surely result in forced liquidation rather than restructure. Such was the dilemma faced by Herrick, Feinstein LLP when it was consulted by the economically troubled Glazier Group, Inc. (“GGI”) in June 2010.
GGI in Distress
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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.
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.
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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.