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Succession for Sustainability
The 2012 Summer Olympic Games have come to a close. In four years the summer games will be hosted by Brazil. The International Olympic Committee website states that the process to select a host city begins with the bidding process nine years prior to the event. Operational planning begins five years out. Brazil's planning for the next summer games is clearly well underway. An Olympiad requires extensive lead times and long-term planning.
U.S. company General Electric has had 12 leaders over the last 120 years, and has a history of great leadership. Probably its most well-known leader is Jack Welch, who said in 1991, a decade prior to his retirement, “From now on [choosing my successor] is the most important decision I'll make. It occupies a considerable amount of thought almost every day.” [See, "Built to Last: Successful Habits of Visionary Companies," Collins and Porras, 1994 hardback and 1997 paperback, page 169 paperback.]
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."