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Lessons Learned from a Quarter Century in Legal Marketing
Having stepped away from 18 years as an in-house legal marketing professional in three regional law firms and forming the legal advisory firm KLA Marketing Associates in 2008, I've worked with hundreds of lawyers in scores of legal practices across the U.S. What I've witnessed and learned bears sharing with the legal community at large, for the benefit of “lessons learned.”
1. Law school does not prepare you for private practice, or much else. Over my 25 years of coaching, advising and working with lawyers, I have made a habit of asking lawyer clients, “On Day One of your private practice, what did you feel prepared to do?” Without exception, the response has always been, “nothing,” or “not much.”
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.