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The e-Discovery Balancing Act
There are two unstoppable trends in e-discovery. First, corporate executives are becoming acutely aware that they are ultimately responsible for their organization's e-discovery results, which in some instances is a rude awakening since they can no longer claim ignorance or try to put the blame for any missteps on their law firms or litigation-support providers. Second, to lower costs and gain more control of the e-discovery process, enterprises are bringing certain steps of e-discovery in-house. As a result of these two trends, progressive corporations are starting to treat e-discovery as any other standard corporate business process: repeatable, defensible and measurable.
This new dynamic raises an obvious question: What portions of the e-discovery process are best suited to be “in-sourced,” and how do IT professionals within an enterprise work with their partners to ensure effective collaboration/communication?
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.