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eBrevia's Smart Technology Mitigates the Diligence Bottleneck
Due diligence is an integral and essential part of corporate transactions, yet for lawyers and their clients, it can be a painful process. In mergers and acquisitions and other dynamic and time-sensitive transactions, due diligence often becomes a bottleneck that slows down deals, a frustration to attorneys and their clients alike.
As a corporate attorney at a mid-sized firm in New York City, diligence is a vital part of my work in mergers and acquisitions and venture capital transactions. Working solo or with colleagues, I typically conduct due diligence by reading through thousands of pages of a target company's dense and complex contracts, looking for problematic provisions and summarizing key concepts. Depending on client needs, the work product I often generate for each contract I review is a summary template, which essentially consists of a table in Word specifying which provisions and information I am looking for, and a corresponding summary of each of those respective provisions in the given document. Sometimes, these summary templates are passed along to a client attached to a diligence memo. Other times, they are used internally to generate the diligence memo. Clients, with their focus on costs, are always receptive to ideas we have for ways to work through the diligence process more efficiently, and as their counsel, I want to help keep costs to a minimum.
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.
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.