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Components of a Truthful Complaint
I'm a private investigator who has a niche: giving my opinion about complainants' veracity to plaintiffs' counsel, who rely on my opinion to decide whether to take cases on a contingent-fee basis. I do this by interviewing complainants in great detail, analyzing their body language and carefully scrutinizing the elements of their claims.
If you've represented companies for any length of time, you've received internal complaints about a variety of workplace wrongdoings, such as harassment, discrimination, and other alleged misdeeds. Your job in part is to limit the company's liability resulting from the bad actions of its employees, and to do this you must investigate each complaint. Your recommendation will be based on the facts uncovered during the investigation. However, documentary evidence is not always helpful, because performance evaluations are subjective and thieves avoid paper trails. In the absence of clear evidence substantiating or refuting the complaint, “the facts” are sometimes a judgment call based on the perceived credibility of the complainant.
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.