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ADR and Other Options: Advising Your Clients
It never fails to amaze me. Educated professionals, usually of the legal variety, begin discussing the state of our civil justice system. A discussion of the adversarial system ensues. Debating what is wrong with it, or perhaps, (thanks to those 'half-full glass' types) ways in which it could be improved, is usually an animated segment of the discussion. Invariably, when I am in the room ' and I would guess most other times too ' the discussion turns to 'What else is there, what's better?'
The question of just what other options are available becomes most pertinent. Alternative dispute resolution (ADR) is mentioned, and generally there is at least a flicker of recognition, not always flattering, but often we do not have a clear idea or very much knowledge about what is available and how it works.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.