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On the Move
McDermott Will & Emery LLP has announced that Jeremy R. Johnson has joined the firm's New York office as a partner in the Restructuring & Insolvency practice. Previously with DLA Piper, Johnson has a wide-ranging restructuring practice with experience advising domestic and international clients in insolvency proceedings, out-of-court restructurings and insolvency issues in non-distressed transactions. He has served as counsel to corporate debtors, committees, creditors, purchasers of distressed assets, the Federal Deposit Insurance Corporation and other stakeholders in numerous bankruptcy cases, with a particular emphasis on corporate debtor and buy-side asset sale representation.
Morrison & Foerster has named Brett Miller as managing partner of the firm's New York office. Miller, a partner in the firm's Bankruptcy and Restructuring Group, succeeds Charles (“Chet”) L. Kerr, a partner in the firm's litigation department, who has led the office since 2008. Miller is currently representing Louis J. Freeh, Chapter 11 Trustee for MF Global, which, with $41 billion in assets at the time of filing, is the largest bankruptcy filing of 2011 and the eighth largest in U. S. history. Miller also recently represented the Official Committee of Unsecured Creditors in the Chapter 11 of the Los Angeles Dodgers.
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.