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"What keeps you up at night?" remains a critical question to ask clients, and was among those addressed in a recent paper issued by FTI Consulting and Relativity titled, "The General Counsel Report 2021", released in January. In this robust analysis of research conducted by Ari Kaplan Advisors in late 2020, General Counsel describe their developing and ever-expanding roles, with particular attention paid to new responsibilities focused on business strategy, policy, diversity & inclusion, and technology. The list goes on, to be sure.
With GCs and other business leaders facing such incredible challenges, how do lawyers continue to manage clients' transactional, litigation, compliance and regulatory needs, among others, while simultaneously providing professional, and even personal, support? This level of attention and client dedication, while time consuming, is both appropriate and necessary — and it must be intentional, tailored to each relationship and circumstances.
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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 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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.