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Protocols and Pitfalls for Leveraging Technology
With Magistrate Judge Andrew Peck's declaration in Da Silva Moore v. Publicis Groupe, 11 Civ. 1279 (S.D.N.Y. 2012), that “computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases,” counsel using the technology must consider a variety of factors in determining whether a particular case is a strong candidate, and how to incorporate it effectively. (A PDF of the Opinion and Order can be found at bit.ly/IialKX.)
This article highlights a series of best practices for litigants to consider in their trial strategy discussions, as well as a description of the challenges they are likely to face.
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.