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<b><i>Law Firm CI:</i></b> More Data, Less Action?
A BigLaw Director of Business Development recently lamented to me, “we want to do more with our data and CI function, but I'm just not sure the firm is ready.” Despite her firm's best efforts to give the lawyers access to information, little was changing. Actions continued to stall, decisions weren't being made and, most importantly, the firm wasn't generating better outcomes as a result of the insights and analytics.
Sadly, this is a familiar refrain. In many firms, the primary challenge lies in having information, not intelligence — insights on which one can act. In this instance, however, the situation was more nuanced. Despite the sophisticated analytical skills of the team, my friend's firm was unable to incorporate the learnings into its daily activities. An early 2000s title, The Knowing-Doing Gap: How Smart Companies Turn Knowledge into Action, addresses this very phenomenon. In it, Stanford professors Jeffrey Pfeffer and Robert Sutton explore a variety of factors that incite a type of paralysis in firms, an inability to progress despite knowing what to do.
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.
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.