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This is the first in a series of articles discussing how in-house counsel can better manage litigation matters.
If your corporation is like most, you have seen your legal costs and, in particular, your litigation costs soar over the last decade. For over 29 years I have practiced as a complex litigator, many times suing companies like yours. I have seen the bloat from the other side of the table. A party having multiple lawyers at a deposition that they are neither taking nor defending. Four or five lawyers appearing for one party at a hearing on a motion. Deposition programs that include meaningless witnesses numbingly questioned over irrelevancies.
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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.