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The New Wave of Concept Search Tools
Although the concept of concept searching has been around for at least 2,000 years in philosophical circles and was first realized in the software world in the 1970s, it is making big news in today's electronic discovery and automated litigation support world. Over the past year, a series of vendors have introduced software solutions they claim can take us far beyond the results we get using tools built around searching full text or coding data using key words, strings of text and Boolean search algorithms. Whether it is through mimicking the thought processes of high-level aquatic mammals, developing libraries of semantically and geographically related words and terms or displaying documents as masses of dots within sprays of bubbles, these software programs, we are told, are the automated litigation support equivalent to Big Blue, the computerized chess champion.
Are they? Yes ' and no.
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.