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Training Tomorrow's Lawyer
“There's math and technology involved? Count me out, that's why I went to law school.” The attorneys in the room nod at each other, smiling at this joke that more than a few of us have told at one point in our careers.
But it looks like this joke has finally run its course. The practice of law is not immune to technological advances, especially in the areas of research methodologies and, of course, electronic discovery. Furthermore, clients are continuing to focus on value, whether that is in seeking alternative fee arrangements or evaluating outside counsel on their efficient delivery of legal services. For example, a former in-house attorney, Casey Flaherty, and the Institute on Law Practice Technology and Innovation at Suffolk University jointly developed the Legal Tech Assessment, a benchmarking test that evaluates attorneys and other timekeepers on their knowledge of basic technology that most use in the practice of law, such as word processing and spreadsheets. There might not be any math on this test, but the effective use of technology is measured in one simple metric: time.
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.
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.
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.