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Cost Savings As a Risk Management Strategy
Since the active use of the term risk management, perhaps sometime in the 1980s, I have thought of the confluence of risk and management as an oxymoron. Management is the art of getting control of things and making them orderly and easier to understand; risk defines the flowing river of uncertainty. One may be able to foresee or anticipate risk, if enough pieces of information are available, but risk management can only occur when the risk is known and takes on visible properties. This is a technicality, perhaps, but since most applied risk management falls to the technical staff of law firms, the IT department, it is worth looking at an area of risk that contains some attainable management opportunities by reducing its unknown quantities.
Common to all risk is the failure to foresee. Projecting and predicting are possible, but only if risk is anticipated and the specific cells in the mental spreadsheet, so to speak, are not yet real numbers. Based on what we know from the past and the proper identification of variables, risk can be anticipated and the effects of anticipated risk can then be quantified as well.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.