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“They don't want to work!”
It's an all-too-familiar refrain uttered about associates of the millennial generation (those born roughly between 1980 and 2000), who have a “work isn't everything” mentality. The nature of legal work is built on a tradition of 50-60 hour work weeks. Hard work, burn out, and personal sacrifice is the norm. Partners who did pay their dues at a time when being a “workaholic” was expected and respected view those who turn down work or can't work late as lazy, disloyal, undedicated, disrespectful of authority and unwilling to pay the dues needed to succeed. These partners expect associates to follow in their footsteps and do whatever it takes to get things done, to be loyal firm citizens, and to contribute to the bottom line.
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 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.
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.
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 ...."