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With its origins in accounting, manufacturing, procurement, maintenance, and human resources, Enterprise Resource Planning (ERP) first emerged in the 1990s as an extension of Material Requirements Planning (MRP). The end game was about integrating company-wide business process and information to provide the insight necessary to manage and benchmark the global enterprise. Following in these same footsteps, Enterprise Legal Management (ELM) holds out the potential to link risk and legal data to enable the global enterprise to proactively mitigate legal risk, streamline the legal process, and make insightful decisions in response to market or regulatory changes. With ELM, the legal function transforms from the traditional role of litigation management to that of trusted business advisor. Drawing comparisons between ERP and the foundation of ELM sheds valuable light on how ELM systems can transform legal, risk, and compliance practices across the enterprise.
In the Footsteps of ERP
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.