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Should Arbitration Clauses Be in Your Contracts?
For decades, companies have included arbitration clauses in their agreements with customers, employees, and other businesses. If your company is among them, be mindful that there are some good reasons to arbitrate your disputes ' along with some less compelling ones.
Perhaps the biggest popular allure of arbitration is its cost-savings. But do not be overly optimistic about how much money you will save by arbitrating a dispute rather than going to court. Many practitioners and companies have found arbitration to be an expensive endeavor indeed. The alleged savings from procedural informality and limited discovery can prove overblown, and are offset by such added costs as fees for the arbitrators and arbitral institutions.
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.
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.
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.