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What you say isn't as important as what is heard.
Let us explain what we mean by way of example. The partners of a real estate boutique, nearly evenly split with 16 women and 14 men, gather for an urgent meeting called by their chairman, a respected mentor to many of them and a pillar of the commercial real estate community. Suffice it to say, after a storied career, he knows how to close a deal. But today he's haggard after a week of plane rides. He stands at the head of the conference table and proceeds to explain the details of a proposed merger with a competing firm. He's done this before over the years and, perhaps feeling somewhat entitled, he keeps his case for the merger short, laying out only the bare facts that support the union, focusing on the large salary increases the partners could expect to receive. When he's done, he gruffly brushes off a few cursory questions and calls for an immediate vote.
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 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.
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.
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.
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.