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Social Media Use
The expanding use of social media ' whether it encompasses blogging, a LinkedIn or Facebook page, a Twitter post, or any number of other new iterations ' is perhaps the number-one trend reshaping law firm marketing. Many lawyers can attest that the interactivity on the Internet as epitomized by the give and take between online users of blogs and social networking sites is enriching and valuable on both sides of the virtual relationship. But social media use also vividly illustrates the dilemmas posed by the law's dual nature as a business and a profession.
On the business side, social media can be an effective, low-cost marketing channel ' or a fragmented time-waster if not diligently applied and integrated. As a professional tool, social media facilitates direct engagement among lawyers, clients and prospects ' but also raises the specter of violating the Rules of Professional Conduct through unethical marketing contact and questionable interaction with judges and other counsel. Granted, one of the oldest lawyer jokes concerns the client who wanted a one-armed lawyer who wouldn't constantly temper advice by saying, “But on the other hand ' .” However, social media raises so many “on the other hand” concerns that its promise should not overshadow the need for caution in using its tools.
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 ...."