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Beyond the daily headlines of layoffs and reductions in force, the current Recession/”Depression” has made another impact on the legal profession: raising more questions about the viability of the billable hour. The Association of Corporate Counsel's Value Challenge is one of the most prominent examples, as it pursues developing a Value Index that will evaluate law firm billings against corporate clients' perceptions of value and efficiency. However, the skepticism is hardly all on the client side. Lawyers for years have complained of the “billable hour blues” and the necessity of measuring their professional life in time increments. The presiding partner of one of the largest national law firms even suggested in a major business publication that the billable hour should be killed, saying that because of it, “clients feel they have no control. There is no correlation between costs and quality.”
Disingenuous
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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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.