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Wining and Dining Foreign Officials: What's OK and What's a Crime
In December 2007, Lucent Technologies Inc. secured a non-prosecution agreement from the Department of Justice and settled an enforcement action with the SEC for conduct related to travel and entertainment expenses incurred on behalf of Chinese government officials and for the manner in which these expenses were booked. The Lucent settlement adds to a number of existing guideposts regarding permissible interactions with foreign officials under the Foreign Corrupt Practices Act. This article examines the Lucent settlement, prior FCPA enforcement activity related to travel and lodging, and offers some practical advice for compliance counsel.
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With Succession Planning, Inertia Is Not an Option
Turning over the reins of a law firm is an art form. A well-staged plan that allows for a seamless transition from current leaders to the next generation — in both client relationships and management responsibilities — is crucial to the health and longevity of your partnership.
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Downsizing: Being the Messenger May Actually Be Good for Your Career
Whether or not to adjust the number of employees or partners downward can be a critical decision for 2008. In the event it does happen, marketing executives will, undoubtedly, be asked to help craft appropriate messages to both the market and within their own firms in advance of rumor mills, blogs, and especially, the competitors offering their own take on the changes. However daunting the task, working through such scenarios can go a long way toward preserving your firm's reputation and bolstering your own career opportunities within your current firm or with a prospective employer.
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Practice Notes
Sonnenschein Team Leaves to Found MSK NY Office<br>TV-Company Deal Highlights U.S. Risk Allocation
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Think You Know What Constitutes Good Cause?
Many employers believe that since they make the first call as to whether cause exists, that is the final call. However, as demonstrated by the jury verdict in a recent Maryland trial, it is the jury, not the employer, that gets to make the final call as to whether cause exists. <i>Kinsbourne, et al. v. 180's LLC.</i>
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DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough?
Since the Department of Labor's regulations implementing the Family and Medical Leave Act of 1993 were first issued in 1995, they have caused a degree of consternation for employers navigating some of their more confusing aspects, and grappling with employee abuse. In an effort to add clarity, the DOL published new proposed changes to the regulations on Feb. 11, 2008. The proposed regulations clarify some uncertainties, but many remain.
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The Broken Covenant: A Retrospective -- 'Partners for Life'?
This article examines the "Partners for Life" covenant and several of the factors that led to its demise.
Features
How to Prepare for a Live Presentation
Delivering a live presentation with impact demands a particular type of preparation, whether you are addressing a room of hundreds or a client's small executive team. This article provides advice on how to craft such presentations.
Features
Bringing Lateral Attorneys on Board: A Blueprint for Success
The lateral movement of attorneys between firms requires a well-defined and well-executed management program in order to maximize the benefits of the move to both sides. This article sets forth the key elements, all of which must be addressed in order to maximize the investment a law firm makes in the lateral and in order to achieve career satisfaction and retention of lateral attorneys.
FROM TALKING TO SELLING
FROM TALKING TO SELLING - Here are the type of questions to ask a client or client prospect which not only demonstrate your skill and understanding of their business, but draw out answers that will help you sell. * Does in-house counsel have an organized, functioning early case assessment system? * Are their business and operational units covered in this system? * How is enterprise risk management and intellectual property protection handled? * Are they prepared for the…
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
