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Admit it, the slow pace of business bankruptcy filings over the last couple of years, combined with a little “follow the herd” mentality, has caused you to get into a bit of a rut with respect to the creativity of your approaches in representing your clients with many issues that are standard fare in a business bankruptcy. Greet the new year and the coming (if you believe the headlines) financial apocalypse with a resolution to embrace non-conformity and to try one or more of following approaches, in the slew of new cases that will be filed in the new year. While I concede the value of each of these approaches is dependent on the facts and circumstances of your client's case, the debtor's case, and the amounts at stake or at risk, such approaches may yield significant tactical and strategic benefits if used properly.
Carpe Diem: Argue for the Recovery of Post-Petition Interest on Your Unsecured Claim
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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.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.