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Standard Law Firm Operating Procedures: Optional or Critical?
Standard Operating Procedures (SOPs) are the cornerstone of any successful law firm operation. They help prevent mistakes and curb waste by providing staff with structure and a clear roadmap to follow. Without them, law firms suffer from inconsistency, chaos and lack of control. Likewise, having SOPs is a must for legal IT departments. From lost equipment to lost passwords and data, not having written policies and procedures can create liability and losses that are sometimes unrecoverable.
Legal IT professionals often experience challenges in taking their goal of having SOPs from “pie in the sky” to reality. Developing written policies and procedures takes time and dedication. It takes time to write and perfect them, and perseverance and consistency to apply and enforce them. But once they are developed and are in use, the benefits are many and the risks are dissipated.
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.
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.