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So what else is new? According to the International Association of Defense Counsel (IADC) 2015 Inside/Outside Counsel Relationship Survey, ” ' corporate legal departments and their outside counsel have inconsistent views of key relationship factors ' .” According to an article in the Dec/Jan 2016 Today's General Counsel, the survey ” ' demonstrates that in-house counsel are looking to outside counsel to become more like business partners in providing legal services.”
This should be of absolutely no surprise to anyone familiar with annual surveys of in-house counsel. In one form or another, the number one or number two response by GCs to the question of the most important characteristics needed from their outside counsel, is understanding our business and becoming our business partner.
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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.