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Conducting an internal investigation into questionable company conduct is universally a stressful experience ' stressful for the organization and its employees, for the witnesses who are questioned, and for the attorneys who structure and carry out the exercise. The organization demands quick answers: What exactly was done, and who did it? Do we need to make a disclosure to regulators or shareholders and if so, when? What is the dollars-and-cents impact on our business?
Employees who have been notified that they need to answer questions from outside counsel are anxious about the impact on their employment status, wonder whether they should retain their own counsel, and are concerned about potential discipline and even civil or criminal liability. And the outside lawyers who have been retained to deliver answers on a compressed timetable are required to master vast amounts of data, review thousands of documents and prepare for and conduct multiple interviews.
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Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
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.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.