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Litigation Support Information Governance
The treatment of personal identifiable information (PII) is quickly becoming a critical issue and should be on litigation support's risk and information governance agenda. Certain industry sectors that lawyers represent may have a duty to protect PII. For some corporations, such as financial or medical, the duty to protect PII may be highly regulated; while in other industries that compile personal information as statistical information, education or government for example, the duty may be self imposed through Acts or executive order. Where industry does compile personal identifiable information and there is a duty to protect this information, companies are moving to regulate this information within their internal systems. What happens when PII is transmitted to litigation support as part of client information subject to an adversarial action? What is PII anyway? Does litigation support have a duty to protect PII on behalf of the law firm's client? If there is a duty, how should litigation support react to protect PII?
PII Defined
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.