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At the Intersection: Searching for Clients with Bottomless Wallets
It happens often in Legal Project Management (LPM) workshops when talk turns to how aggressively clients are pressing to control legal fees. Some partner leans back in his chair and proclaims that LPM simply does not apply to his work because his clients don't care how much is spent on legal fees. This stunning revelation occurs in almost every practice group, every jurisdiction, and every firm: “I don't need this stuff, because my clients are not fee-sensitive.”
These partners are not referring to “bet the company” matters where the stakes or the risks justify top-dollar fee structures. We all know that in such unprecedented situations, companies focused on saving the ship (or avoiding spending time behind bars) will pay steep legal tariffs.
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.
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.
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.