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White Box vs. Black Box Compensation Systems
It is early winter and amazingly cold, snowy, or rainy in many parts of the U.S. In Buffalo they recorded over 5' of snow in less than a week accompanied by winds of up to 45 mph and the Bills "was robed again" just like in 1992! Being from Western New York, I truly understand what a winter of discontent feels like.
But what depressed me more was a spate of articles in the legal trade publications about a small (but possibly growing) number of law firms that were moving or considering moving to a "Black Box" type of partner compensation systems. A Black Box system is one in which an individual partner's compensation is kept secret from the other partners.
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.
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.
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.
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.
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.