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Economic conditions have forced law firms to focus on the need to address the profitability of their individual offices, practices, and client relationships. Few firms have paid enough attention to whether specific practice areas are profitable. Generally, management simply focused on performance of the firm as a whole, which has been generally improving from year to year. Managers might have worried about specific practice areas, but little analysis was done.
Anecdotal evidence sometimes suggests that a practice group is not profitable, yet little hard evidence is produced in many firms. While this might cause a practice area to come under significant criticism from partners in other practices, creating significant management and morale problems, little is done formally to assess the problems and potential solutions. Rather, partners in the particular practice area under a microscope are being told to 'shape up,' and might even see their compensation cut, but typically little help is provided.
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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.
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