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For law firms to get smart about bidding on work, they need a legal management infrastructure with deep knowledge and understanding of their matters, staffing resources, billing rates and spending data. This knowledge infrastructure, or business intelligence (BI), goes beyond a stand-alone matter management application to include historical and real-time information on billing rates, invoices and costs, and incorporates a facility to calculate alternative fee arrangements and use third-party data to compare law firm metrics to the larger legal industry.
A legal management infrastructure also requires integration with existing firm systems dealing with accounting, billing, human resources, and more. Although law firm BI tools from the likes of LexisNexis, Thomson Reuters and Wolters Kluwer support a legal management infrastructure, the tools presuppose firm resources contain sufficient data to extract and analyze to drive law firm decisions.
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 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.
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.
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."