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Regulatory Matters Abound
American companies dealt with more regulatory and investigation matters in 2013 than in 2012, and the volume of labor and employment litigation matters outpaced contracts. The latter two areas usually track one another closely at the top of the list of most numerous types of litigation matters pending in the last 12 months, but Norton Rose Fulbright's 10th Annual Litigation Trends Survey revealed a notable gap between them: 48% of survey respondents put labor and employment on their list compared with 36% that included contracts.
Generally, the number of lawsuits commenced against companies in the previous 12 months in the United States has remained fairly consistent over the past several years, but high-value matters with more than $20 million at issue rose to just over one-third of U.S. companies facing one or more such lawsuits.
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.