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In recent years the legal profession has witnessed an increasing number of dissolutions, split-offs, and mergers among law firms everywhere, and the trend does not appear to be diminishing. More often than not, the underlying factors involve the economics of the practice, and chief among the issues being raised by this activity is what do lawyers actually know about the firms' record-keeping, systems, quality of work performance, and financial stability.
Partners should have access to information about their firms, and it is incumbent upon the individuals to request the information. We further assert that law firm management is: 1) obligated to provide this information, and perhaps more important, 2) responsible for overseeing and evaluating current operations and policy, and determining an appropriate course of action to ensure the firm's viability.
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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.