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Media & Communications: New Ways to Provide Value
Not too long ago, I witnessed an interesting argument. “Argument” may be too strong a word, call it a charged exchange. A heated discussion. On one side was a prominent legal sector consultant who painted a uniformly bleak portrait of the future of law firms. He projected that the majority of legal services would soon be commoditized and that fewer ' and larger ' firms would compete more viciously for less, and less interesting, work.
In this forecast, law departments will continue to develop in-house capacity and expertise, cutting further into law firms' bread-and-butter. Once proud professionals, lawyers would increasingly come to resemble legal factory workers, cranking out X units of legal product for rate Y, in a relentless march toward ultimate efficiency. I have to confess, I felt my brow furrow and my soul shrink a bit with each line item ' and I'm not even a lawyer. Call me old-fashioned, but the thought of turning a complex profession into millwork makes me cringe, and I couldn't fathom who would ever want to work like that.
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.