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Selected Privilege Issues for Franchise Counsel
It is common, and in many cases absolutely necessary, for an employer to provide a laptop to its workers. Twenty years ago, virtually no one had a “portable” computer. Where a filing cabinet or a desk drawer would have been the repository for correspondence 20 years ago, the correspondence now resides on a server, or on a PC or a laptop hard drive. Text and voice messages are also sent through a PC or a handheld device or a telephone. A telephone would not have stored a message, at least not for very long, whereas now the numbers that have been called and received, as well as text and voice messages, can be recovered from the computer or laptop hard drive, if not the phone itself.
As recent litigation has demonstrated, the use of new communications devices with new capabilities is having an effect on how attorneys and their clients communicate, and, therefore, is raising issues in attorney-client privilege.
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.
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.