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In-House Counsel in The Middle
Jeanette Halloway, Chairperson of the Board, has a recurring nightmare ' The board meeting is tense. CEO Enzo Hernandez is droning on about having missed yet another quarterly target. He told the Comp Committee he wanted his objectives modified because “the market changed and the objectives the board set are no longer relevant.” In executive session, Jeanette will lead a review of Hernandez's performance, certain irregularities involving his use of company employees for personal business matters, and his alleged improprieties in dealing with the company's auditors.
Company in-house general counsel, Eugene Richards, will be sitting in on the executive session. Gene has worked closely with Enzo for many years. Enzo hired him, the two of them play golf together every other week and their wives are best friends.
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.
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.