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Voice of the Client: What In-House Counsel Need from Outside Counsel As Pandemic Landscapes Shifts
The world was thrown for a loop in 2020 and law firms were no exception. In many respects, 2021 has law firm leaders and in-house counsel still feeling uncertain. The global COVID-19 pandemic forced lawyers — individuals whose relationships formerly depended upon firm handshakes and looking their clients directly in the eye — to build client trust through a tiny camera lens. Law firms, traditionally slower to adopt technological advancements than their counterparts in other professional services industries, quickly rose to the challenge. Digital signatures, videoconferencing, and remote court appearances allowed the business of law to continue in what is now considered the new normal.
The seismic shift did not end with the law firms. It acutely affected corporate clients. Once-formalized budgets were up in the air and priorities recentered on essentials. General counsel distilled corporate values into business imperatives by which outside legal representation must abide.
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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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.