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Not long ago, I worked with a law firm in which several partners were threatening loudly to leave the firm and were actively recruiting associates and staff to leave with them. Meanwhile, in case they stayed, they were lobbying for changes in the firm's compensation system that would be more favorable to the business producers. Other partners were taking sides based on personal loyalties, economic concerns, fear of the firm breaking up and other reasons unique to each person's perspective and interests. Some stayed on the sidelines to see how things would play out. Still others were busy trying to negotiate a peace.
If you were the managing partner of this firm, how would you address the situation described above? What if you were an influential member of the compensation committee? One of the associates being recruited? The member of the breakaway group with the smallest book of business?
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.
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.