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Things are what they are. This is one of the central tenets of lean law. In any case, project or scenario, lean says to identify the durable realities, accept them and work with them. When it comes to economic cycles, Big Law does the opposite.
It turns out that Big Law has a problem with economics. The nature of that problem is that all economies are cyclical. Over time, in any economy, in any market place, output will grow, then decline, then recover, then decline. This doesn't suit Big Law, which only wants to see steady gains.
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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.