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For legal stakeholders seeking to take their existing legal operations programs to the next level or start new programs from scratch, there are a few all-too-easy traps that can stunt growth, cost political capital and cause headaches. Having a strategic plan, budget and critical executive buy-in is not enough to avoid these four common issues.
It takes an ecosystem of skills to have a successful legal function, which ideally includes operational experts, technical specialists, data analysts, project managers and, of course, lawyers. Unbundling legal business services from the practice of law is now a standard practice for running a law department, so matching resources with the appropriate work is now table stakes for avoiding overspending on legal services; using a mix of internal employees, alternative legal service providers, law firms and other providers, domestically and offshore, is central to getting this right. Legal operations teams, including leadership, should have multidisciplinary backgrounds and leadership experience outside of legal departments in order to bring new perspectives, scrutiny into current practices and fresh ideas about alternative ways of delivering results.
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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.
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.
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