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Create a Unified Team By Integrating Your Talent Functions
As firms strive to maximize operational efficiencies and increase the effectiveness of recruiting and retention across the talent spectrum, many are evaluating how to best align their talent function to the firm's values and business objectives, essentially with the common goal of delivering excellent client service and enhancing employee career satisfaction. At smaller firms, staff and attorney recruiting and support functions have often been handled by one individual under one umbrella. But as firms have become larger and more diversified, the stratification between those functions has become more pronounced, often with very little interaction or shared common vision between the departments, as well as separate processes, policies, databases and reporting structures.
This bifurcated system can result in lower employee morale, less shared investment in the firm's overall strategic mission, inefficient duplication and a missed opportunity to maximize the development and retention of all firm talent. Through better integration, all talent can be recruited and trained at more comparable levels of sophistication, collaborate more effectively and become more uniformly aligned with the firm's core business mission. In order to evaluate how an integrated talent model could best be implemented at a particular firm, it is necessary to examine the current structures, potential synergies and the opportunities, challenges and best practices for implementation.
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.
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 ...."