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In this day and age, most law firms have a website and use the Internet as a large part of their overall marketing scheme. However, the ethical considerations are plentiful and not always clear-cut. Even if your firm utilizes a Web developer or marketing firm, it is ultimately the lawyer's responsibility to ensure that his or her Internet marketing is compliant with the applicable rules of professional conduct and state law.
A lawyer cannot point to the fact that he or she did not create the website or the material on the website as a defense to an ethical violation. Failure to adhere to the rules might result in the imposition of sanctions on the attorney or firm.
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 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.
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.
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.
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.