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Few doubt that the U.S. economy is either dangerously close to a recession or already in one. There is equally little doubt that other global economies are weakening as liquidity further tightens and new bank write-downs emerge. There is a common perception that law firms also suffer when the economy goes bad. While it is true that transactions-oriented practice groups fare worse during times of economic slowdown, law firms generally fare well, irrespective of economic conditions, when compared with other business sectors. Both managing partner and CFO will instinctively return to the basics of law firm economics. To a degree, reviewing the basic drivers of profitability is a helpful exercise ' but this provides part of the answer. Irrespective of whether your firm is on the winning or losing side of a looming recession, undoubtedly the firm's finance department will be involved heavily in anticipating solutions to 'shore up for troubled times ahead.'
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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.
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 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.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.