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Competitive Intelligence: How Do You Listen When You're Not In the Room?
Here we are, more than 12 months later, still working remotely. I left the office on a Friday in mid-March and have not returned. Thankfully, as CI professionals, the tools we need and use to do our daily work do not depend on us being in a physical location. However the "intelligence" part of our jobs — turning information into action — does require personal contact and talking to colleagues. This interaction provides the context for understanding how information fits into and impacts client relationships.
Our firm already had some great collaboration tools in place before the pandemic, and we've really embraced those tools to connect with each other in ways we may not have before. Some of us had used them more heavily than others, but it wasn't until we relied on those methods to do our jobs that the laggards learned how to use them too. And we haven't looked back.
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.