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Failure to Consult Internet May Result in Legal Malpractice
As the Internet continues to penetrate every aspect of the law, lawyers who would overlook the Internet do so at their peril. Attorneys on various Internet sites have already suggested that not making use of the Internet when confronted with particular legal matters amounts to malpractice. Certain state court rules, such as New Jersey, make the failure to file via the Internet tantamount to failure to timely file, which is a common basis for legal malpractice.
Legal malpractice most commonly results from negligence or a breach of fiduciary duty by an attorney that causes harm to his or her client. Actionable legal malpractice requires the injured party to show that the attorney's acts were the result of errors that no reasonable attorney would make.
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.