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Time to Tweak (not Twerk)
An area in which I see so many law firm clients struggle is in the analysis and measurement of their development efforts. Are they engaged in high impact endeavors in the first place which will support their overall development growth goals? First, they rarely have systems in place to assist them in the imperative of measuring what business development exercises have been worthwhile.
How many times have I heard 'I've tried publishing articles and even giving talks, and they just don't work for me' and my thoughts go quickly to 'did this lawyer leverage the actual business development opportunity appropriately to qualify as a success and, as importantly, how do they measure the 'work' part? The answers are frequently 'no' and 'they don't'.
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.
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.