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Is Good Enough Good Enough?
Too frequently, you hold yourself or others back from greater accomplishments because you perform below perceived or accepted expectations. You may have the best intentions in mind and think that all is fine. However, others may have a totally different read on the situation. Not doing something how others expect it to be done or not getting the result others anticipate or assume will be had can give rise to resentment, loss of trust, and ruined relationships. The result? Instead of advancing two or more steps forward in your client relationships and personal development, you ineffectively take two unproductive and potentially damaging steps backward.
Successful communication can be likened to a flowing and seamless dance sequence; choreographed steps and unified direction defines the movement. As lawyers, you want to clearly execute your messages and ensure that they are strategically delivered, thus enabling your listeners to hear and act upon their words. When a communication falls below expected results, your listener is left feeling unsatisfied and either wanting more information, or desiring a completely differing result. In dancing, it would be equivalent to you resorting to the same “one-two-three-one-two-three” sequence, regardless of the tempo, music being played or dance skills of your partner. If you continue to stick to these basic steps, your dance partner will get very irritated by your “it'fs good enough” position and will be uncertain as to how to proceed or anticipate your direction. Frustration will quickly lead to disinterest and boredom. Your dance partner will walk off the dance floor alone and will search for a new partner. Similarly in the legal workplace, having the wrong moves will thwart your effectiveness as a successful practitioner, client manager and business generator.
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.