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The Cost v. Recovery of Costs: Which Has the Greater Impact?
As part of my introductory call with a potential client, law firm management will often begin by asking: How much can you save me? It is, of course, an intelligent question being asked by intelligent people, not to mention the core thesis for an entire publishing niche. There are scores of books on purchasing, seminars on price negotiations, and sample RFPs that are available in the market to create a competitive situation to improve pricing and terms in almost every vertical market.
In most cases, firm management would consider a project a success if the firm was able to lower their costs by 10% without impacting services. If the firm in question were able to lower costs by 20% without impacting service, there would probably be a conference room named after you at project's end.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.