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2020 was a lesson in forced change management. Today, law firms are at a crossroads triggered by the transformational impact of the pandemic, and wondering whether the mandate for change will continue or shrink back to pre-2020 operations. For most firms, the answer is to continue on the road for change, including reengineering the delivery of legal services while also reaching a new level of outsourcing as a tool to support a new, strategic vision.
Historically, outsourcing has come with a negative connotation because it seemed a stand-in term for 'reducing headcount.' However, outsourcing has come to mean more than saving costs by reducing headcount, and in fact the pandemic has accelerated many of the positive attributes of what a good outsourcing partnership and agreement can bring, including: operational flexibility, increased expertise, better leverage of technology for productivity and improved workflow.
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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.