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Since the changes in the legal economy in 2008, distinguishing oneself from other lawyers is critical to getting a job, work from colleagues, and more clients. This is true for both partners and associates. It's not enough to be smart and hardworking. A lawyer must be known for what he or she does, and must be able to sell him or herself.
Junior partners and associates often have difficulty selling their services. They got A's in law school, they had no trouble passing the bar, and they work at prestigious firms. They tell themselves, “That should be enough, right?” Wrong. They are competing with literally thousands of lawyers who did just as well and who now are in the same boat. To help these lawyers develop business, you need to help them get comfortable talking about themselves and their services. If a lawyer cannot comfortably talk about what he or she does, colleagues, the community, and current and prospective clients won't necessarily understand which problems a particular lawyer is able to solve.
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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.
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.
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.
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A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.