Rethinking Succession Planning for Tough Economic Times
In survey after survey in the business world, succession planning is near the top of the list of critical things to do ' and that doesn't get done. The author strongly suggests that firms recognize the urgency of succession planning for firm and practice succession in these treacherous economic times.
Features
In the Courts
An in-depth look at recent national rulings.
How Much Knowledge Makes a Crime?
When Congress passes a new statute in a prosecution-friendly atmosphere, it should be wary of the potential for overly aggressive prosecutors to misuse it. Here's why.
Reducing Criminal Liability with Chinese Imports
The China import safety crisis creates a perfect storm for driving importers and retailers out of business when faced with monumental product liabilities, both criminal and civil. Corporate counsel, therefore, must learn how to minimize or even eliminate their clients' increased criminal and civil exposure.
Features
Attorney-Client Privilege in Congressional Investigations
For a litigator accustomed to practicing in court, representing a client in a Congressional investigation presents unique challenges, as the rules, procedures, processes, and customs differ vastly. One area of stark difference is the status and treatment of attorney-client privilege.
Media & Communications Corner: The $700 Billion Bailout and How Some Law Firms Missed an Opportunity
Editor's Note: I am pleased to announce that Nick Gaffney of Infinite Public Relations has joined our Board of Editors. We welcome Infinite PR as the regular authors of the Media & Communications Corner. The company provides strategic media relations and communication services for leading professional services firms. Infinite's extensive, award-winning experience counseling the legal and accounting industries on proactive strategic media relations campaigns and crisis communication matters makes them a positive addition to our newsletter.…
Law Firm Leadership: An Economic Stimulus Plan for Law Firms
Wall Street and Main Street are not the only places that need a paddle to the chest. While many firms look to cut costs to stop the bleeding, this alone is not a prescription for a return to health. Here's what to do.
Revisiting MLF 2008: What You Missed!
At the beginning of a new year, we always look back on the year that was. The Year in Review, beginning herein, will present a pared-down reprint of one article from each of the last 12 issues of MLF (six articles this month and six next month).
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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 ›
- 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 ›
- 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 ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
