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Navigating the Tricky Terrain of Remote and Self-Collections
Although predictive coding has been the most prominent buzzword in e-discovery circles this year, remote collection of Electronically Stored Information (ESI) remains a hot topic. Like self-collection of data, with which remote collection is often associated, remote collections have been viewed by IT staff as a way to save time and money. But legal professionals remain skeptical. Remote and/or self-collections can be dangerous to the integrity of the data and the case if not handled properly. e-Discovery experts are justifiably suspicious of their validity, especially if a lawyer has not been involved in overseeing the process. In many cases, remote collection is likely to be indefensible in court, unless certain guidelines are followed throughout the process.
What is Collection?
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.
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.
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.