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Raising the Bridge v. Lowering the Water: Expense Management and Its Relation to Cost Recovery
This article focuses on the issue of expense management and its relation to cost recovery. Many firms over the past four years have been focusing on reducing expenses in an effort to ward off the effects of the recent economic downturn. This is commonly termed “lowering the water” and has evolved into a go-to strategy. Many times, for instance, as part of an introductory call with a potential client, firm management will ask the question: How much can you save me? This savings-focused or lowering-the-water strategy is only exacerbated by consultants in the industry who focus on savings as a basis for their payment ' a business model which, quite frankly, is not in anyone's best interest.
However, there is an alternative strategy: Firm management can choose to focus on the recovery of costs in addition to savings ' this is commonly termed “raising the bridge.” What many firms fail to take advantage of is the fact that, by focusing on the recovery of costs where applicable, they can accomplish more to help their bottom line than most cost reduction exercises.
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The DOJ's Corporate Enforcement Policy: One Year Later
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.
Use of Deferred Prosecution Agreements In White Collar 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.
How AI Has Affected PR
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 DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.