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Duane Morris Brings Early Case Assessment In-House
With a view to addressing a market imbalance ' litigation clients demanding better early case assessment, and commercial providers not developing tools to meet that need ' Duane Morris litigators handed the firm's technology team a mandate: Help us develop a system to assist our clients in the resolution of the ubiquitous try-or-settle conundrum and, in the process, position the firm to capture more litigation business.
Thus was the genesis of Dispute Navigation Analytics (DNA (sm)), Duane Morris' proprietary system that evaluates both qualitative and quantitative elements of lawsuits early in the process. DNA analyzes numerous case-specific factual and legal issues, superimposes them on larger litigation trend lines, and offers narrow-range predictability as to costs, risk exposure and outcome probabilities.
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.
A Lawyer's System for Active Reading
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.