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Are You a Five-Tool Player?
Off the bat (so to speak), please excuse us if the use of sports analogy will fall on deaf ears, but for those of you who do see parallels between sports and business, we believe a law firm executive's ability to lead lawyers' potential for greatness can be evaluated using a model that is similar to baseball.
World Series season has just passed (no winner as of press time!) and there's not a better time to take lessons learned from Major League Baseball. The baseball term “five-tool player” is used to describe a player who has an array of skills across a broad spectrum. In quick summary, the five tools are: 1) Hitting for power — hit home runs; 2) Hitting for average — adapt the hitting approach to the situation in the game; 3) Speed — speed on the base paths; 4) Fielding — catch and cover wide spaces; and 5) Throwing — throw quickly and accurately.
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.