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Should Bankruptcy Professionals Be Compensated for Defending Their Fee Applications?
The ability of bankruptcy estate professionals to obtain payment for defending their fee applications has been severely curtailed with the United States Supreme Court's decision of Baker Botts L.L.P. v. ASARCO LLC, 135 S. Ct. 2158 (2015), and the United States Bankruptcy Court for the District of Delaware's recent decision of In re Boomerang Tube, Inc., Case No. 15-11247, 2016 WL 385933 (Bankr. D. Del. Jan. 29, 2016). But such a limitation is inappropriate.
Bankruptcy estate professionals (attorneys and other professionals working for the debtor, and attorneys and other professionals acting on behalf of a committee) are retained subject to the United States Bankruptcy Code, 11 U.S.C. ' 101 et seq. (the Bankruptcy Code). Section 327 of the Bankruptcy Code allows a debtor or trustee to employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons. Section 1103(a) of the Bankruptcy Code in turn provides authority for a committee (of unsecured creditors, other creditors or equity holders) to retain professionals. Section 328 of the Bankruptcy Code allows for the compensation of professionals on the basis of specific, pre-approved fee agreements. And section 330 provides for the compensation of professionals who have been employed under sections 327 and 1103 through a fee-petition process and court approval based on reasonableness.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.