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A Tale Of 'He Said, e-Said'
News flash: Business lawyers must be prepared to advise clients who have taken their business online. Oh ' that's not news to you? Of course not. Any practicing lawyer knows that no one can practice law today without thinking about how traditional rules apply in the e-world. And few entrepreneurs, CEOs or others engaged in the daily give-and-take involved in pocketing and stretching a dollar can think about it, either; or sometimes become anxious over the possibilities of those traditional rules not applying in the world of electronic commerce, or of being broken.
Yet, far too often the developing law of e-commerce can't provide a definite answer to routine business questions. Certainly, the once unregulated Wild, Wild Web has now been fenced in by many laws on 'hot button' issues ' privacy rights, intellectual property and protection of minors, for instance, have all been regulated online.
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.