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Sales Speak: Selling in Times of Uncertainty
Two days before the World Health Organization declared Coronavirus a pandemic, I conducted a business development session with a new client. As you might imagine, the impact of the crisis was top of mind. Clients had been calling nonstop asking whether they should put important projects on hold. My clients were concerned that panic was going to shutter the doors and bring business to a halt. They wanted to know what to do about it.
We evaluated two paths to follow. The first path focused on what they could do. Since conferences were being cancelled and face-to-face meetings were out, they could follow the lead of their competitors and try to do what they could through alternative channels such as social media, webinars and video chat. The underlying rationale for this approach was to play it safe, keep our heads down, and hope that will be enough to ride out the crisis. It wouldn't be ideal, but it was something.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.