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Competitive Law Firm Leadership
Many firms have recognized the need for strong business, marketing and technology management and have hired well qualified and highly compensated individuals to fill those areas of need. However, the area in which only minimal progress has occurred is in the most crucial area of Law Firm Leadership.
No matter how qualified the non-lawyer management group may be at any firm, there are still significant areas of the practice that must be reserved for high-level lawyer management and control. Practice direction decisions, compensation, partner discipline and selection, client selection and relationship building, professional practice and cost control are just some of the few crucial areas that must be managed by lawyers on a regular basis. The quality of the Managing Partner, members of the Management Committee and practice group leadership varies from firm to firm. The methodologies employed by firms to select partners for these positions and the level of authority given to those partners is also a major variable.
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.