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The Era of Mega-Case Litigation
The growth of electronic documents is astounding. According to an estimate by The Collaborative Electronic Notebook Systems Association in “Titanic 2020 ' A Call to Action”, the total number of electronic records in the world could double every minute in the next 10 years (Lysakowski & Leibowitz, 2000, pg. 6). According to Gretel Johnson of www.infoworld.com in “You've Got Mail: 60 Billion a Day by 2006,” information technology and telecommunications advisory firm IDC estimates that 31 billion person-to-person e-mails were sent each day in 2002, and that number is expected to increase to 60 billion per day by 2006 (Sept. 26, 2002).
The era of mega-case litigation has arrived. In the last 2 years, mega-cases ' those with more than 500,000 pages for review ' have become commonplace according to leading law firms and litigation support vendors. Indeed, in high profile cases today, document collections can easily run over 50 million pages ' roughly a terabyte of data, or the equivalent of about 20,000 Banker boxes. The rapid growth of electronic documents presents significant challenges for corporations and law firms involved in litigation. Dealing with the challenges of document reviews across multiple, related cases is also becoming increasingly important for many corporations.
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.