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Intercreditor Agreements
This is the sixth (and final) article in a series covering various aspects of intercreditor agreements.
Now that the holiday season is receding in the rear-view mirror, we in the finance industry have the privilege of taking a deep breath, looking back and taking stock. Of course, in the “normal” world, people generally don their “year-in-review” glasses during the month of December (especially the last week thereof). However, those working in finance do not have the luxury of engaging in such (non-billable/non-revenue-generating) qualitative examinations when deals need to be closed and goals need to be attained. Rather, we defer such our introspection for the first few weeks of the first quarter (once the lassitude of the fourth quarter rush has lifted).
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.