Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Corporate Crisis Management
Fielding a Winning Team for Shareholders
Wichita, KS, was an unlikely spot for finding metaphors. Sitting in a rental car on the steaming asphalt outside the Summer College Baseball World Series, I took a cell phone call from my old friend and client, Craig Conway, President and CEO of PeopleSoft, Inc. Craig, at 48, had led his company into the real big leagues. Under his leadership, PeopleSoft had become the second largest software applications business in the world, only to find itself in August of 2003 fending off a hostile tender offer launched 2 months earlier by number three, Oracle Corporation. And Oracle had deep pockets for the fight and a deeper reputation for fighting dirty.
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.