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Firms Have Opportunities in GC Shuffle
If in-house legal departments are holding tighter to their company's legal work and going to fewer law firms when they do send out work, the best time to get an “in” with a legal department may be when they switch general counsel. And that is also when existing firms need to fight to keep their relationships.
Former DuPont general counsel and current Ballard Spahr partner Tom Sager says that in-house counsel continue to be under pressure to control costs and the landscape is “very competitive” for outside law firms. For every client a firm picks up, it might lose another, he explains. “It really behooves firms to solidify relationships with major, sustainable clients,” Sager says. “Those are the anchors to either stabilize or further build their practice.”
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.