White Collar

Expert Analysis

• 2018 Trends In HHS Corporate Integrity Agreements

  

  The Office of Inspector General at the U.S. Department of Health and Human Services entered into only 37 new corporate integrity agreements last year — the lowest number since 2012 — but it was an important year on the policy front, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• A Closer Look At CFTC's Loss In Market Manipulation Case

  

  While the New York federal court's decision in U.S. Commodity Futures Trading Commission v. Wilson may embolden defendants in CFTC and Federal Energy Regulatory Commission enforcement matters, the circumstances surrounding it should continue to serve as a caution to market participants, say Michael Brooks and Robert Pease of Bracewell LLP.

• Arbitrators And Mediators Should Reflect Society's Diversity

  

  Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

• Why AFAs Are Key To The Future Of Legal Practice

  

  Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

• Grand Jury Secrecy And The Release Of The Mueller Report

  

  As the Senate Judiciary Committee questions attorney general nominee William Barr on Special Counsel Robert Mueller’s investigation, former federal prosecutor John Fleder examines whether grand jury secrecy will permit the attorney general to submit parts, or all, of the highly anticipated Mueller report to Congress and/or the public.

• Series

  Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

  

  Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

• Handling Corporate Congressional Probes In The Trump Era

  

  President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 2

  

  Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

• Cybersecurity's Developing Role In FCPA Compliance

  

  While much attention has been paid to recent revisions to the Foreign Corrupt Practices Act Corporate Enforcement Policy, other developments suggest that the U.S. Department of Justice may also be adapting FCPA enforcement principles to the area of cybersecurity, say attorneys with Ropes & Gray LLP.

• Opinion

  The Case For Lawyer-Directed Litigation Funding In NY: Part 1

  

  Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.