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During the past 2 years, we often heard the dire predictions about the profession that seem to accompany every downturn in the business cycle:
Frankly, we never believed there was much truth in any of these conclusions. The simple fact is that, when all is said and done, law firms ' like most industries ' follow fairly predictable business cycles. For the past 2 years, the legal industry has gone through an economic downturn, but there is every indication that we are now back in a growth phase, with all that entails. Moreover, the profession came through the recent recession in very good shape.
Economic Performance
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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.
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 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.
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.