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Is Outsourcing an Opportunity for Law Firms?
In the very broadest sense, any service acquired outside of an organization to supplement core services and resources is outsourced. Although outsourcing is a bad word among some categories of employees, it allows companies to focus on core competence, build expertise, control expenses, eliminate waste and directly provide value to clients or customers. Ideally, the vendor bears the overhead cost for the outsourced service, and when the need comes to an end, so does the financial relationship.
Opportunities for outsourcing exist for law firms as well. Over the four decades since the explosive growth in private firms began, many of their needs have been outsourced, from mailroom and photocopy services to accounting. Legal research has been outsourced to leased databases, and so has more specialized legal research and brief writing, the traditional work of law firm associates. Since associates, paralegals, and library services now make up a substantial part of a law firm's operating budget, properly leveraging the best talent and outsourcing the balance of services can stop the bleeding of many firms. Reassessing the meaning of profitability can also help. If the right outside provider is found, this can be an ideal relationship for cost-conscious management.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.