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Mastering And Managing Documents
The attorney's own realm is no different from any other revenue-generating quarter — e-commerce or good old-fashioned bricks and cement — in one truism of the Technology Age: Document management is the most daunting challenge for today's law office. Regardless of the size of the law firm, mountains of file folders and forests of paper are piling up daily in every law office as quickly, and as momentously, as in the offices of their clients. Traditionally, the answer to this challenge has been to hire more clerical staff, more paralegals, and more attorneys and then to scramble to assess and assign outsourcing contracts to help erode some of the paper mountains popping up all around the legal-office landscape.
But that response has been less than optimal because the information contained in the documents and, in the area of litigation, handlers' knowledge of the evidence, has become disparate and widely distributed among many people. A more desirable document-management schema is one in which each person responsible for exercising or acquiring knowledge of a particular matter knows all the vital information and all the critical documents.
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.