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Internet Legal Ethics and Client Privacy
Internet professional responsibility and client privacy difficulties are intimately associated with the services offered by lawyers. Electronic attorney services result in data gathering, information exchange, document transfers, enhanced communications and novel opportunities for marketing and promotion. These services, in turn, provide an array of complicated ethical issues that can present pitfalls for the uninitiated and unwary.
Since the Internet interpenetrates every aspect of the law, Internet activity can result in a grievance filed against attorneys for professional and ethical misconduct when such use results in: communication failure, conflicts of interest, misrepresentation, fraud, dishonesty, missed deadlines or court appearances, advertising violations, improper billing and funds misuse. While specific Internet privacy violation rules and regulations are rarely applied to attorney transactions, attorneys are regularly implicated in unfair and deceptive trade practices and industry specific violations which are often interspersed with privacy violation facts.
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.
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.
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.