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Look Before You Leap! Avoid Pitfalls When Moving e-Discovery to the Cloud
The e-discovery frenzy that has gripped the American legal system over the past decade has become increasingly expensive. Particularly costly to organizations is the process of preserving and collecting documents. These aspects of discovery are often lengthy and can be disruptive to business operations. Just as troubling, they increase the duration and expense of litigation.
Because these costs and delays affect the courts as well as clients, it comes as no surprise that judges have now heightened their expectations for how organizations store, manage and discover electronically stored information. Gone are the days when enterprises could plead ignorance for not preserving or producing their data in an efficient, cost effective and defensible manner. Organizations must now follow best practices ' both during and before litigation ' if they are to safely navigate the stormy seas of e-discovery.
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.