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Evidence Comes to Life with the Click of a Mouse
From humble beginnings in 1951 when the first blackboard was used in a courtroom, visual props have evolved in sophistication. The blackboard led to flip charts and photo enlargements, overhead projection, the playing of videotapes and now to the integration of sight and sound with electronic slide presentations.
While props in the courtroom provide razzle-dazzle to keep jurors attentive, they should never be overlooked in situations such as settlement conferences, mediations and arbitrations where strict evidentiary rules do not apply. Depending on the type of lawsuit, only one in 10 cases actually goes to trial, making it far more likely other methods of dispute resolution will be pursued. With more flexible boundaries for making persuasive arguments, these venues are ideal for electronic presentations. After all, litigators are storytellers and their goal is to present a compelling story to which the audience will respond. So, even if the audience is only comprised of the opposing side, a multi-media presentation can be an effective tool to underscore the strength of a case and leave a lasting impression.
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.
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.
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.
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.
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.