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Measure to Manage: Understanding and Using Data to Affect Firm Change and Client Relationships
Organized and meaningful data has been leveraged in progressive organizations for years, but now that data and information is highly accessible and easily consumable via the ever-expanding digital mesh, enterprise-level expectations and related legal business impact have been elevated. With this new reality come many questions: What data should we collect? What needs to be measured? By whom? And, how can metrics and key performance indicators (KPIs) not only affect change but provide a common communication and measurement base for firms, their clients, and technology suppliers alike?
Recently, myself (Director of Information at Keesal, Young & Logan (KYL)) and Peter Zver (Tikit North America's President), had the opportunity to present a business information “measure to manage”-themed educational panel session as part of ALM's 12th Annual Law Firm Chief Information & Technology Officer's Forum (CIO Forum). Our panelists, including industry pundit and founder of Procertas Casey Flaherty, Google's head of legal operations Mary O'Carroll, and Tikit's customer value engineer Ryan Steadman, discussed how to best organize and use data in ways that are useful to attorneys, firms, and clients, while promoting positive behavioral change that impacts the bottom line and client relationships. Specifically, we drilled down into real world 'measure to manage' examples including time data, system utilization, technology proficiency, client KPIs and pricing.
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.
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.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
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 ...."