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Lawyers come and lawyers go. That's a fact of life in today's law firm. Whether they are rainmakers or foot soldiers, business generators in all industries ' from commercial real estate agents to pharmaceutical salesmen ' create myriad legal issues when they change employers. So why should law firms be any different?
Recent editions of Law Firm Partnership & Benefits Report have addressed various topics on this subject. In January 2008, for example, Wayne N. Outten and Mark R. Humowiecki published an article entitled Forfeiture-For-Competition Agreements. In June 2007, Mr. Outten and Cara E. Greene published Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firms' Employees? The article herein addresses the related questions of when and how can departing lawyers contact clients.
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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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.