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Predictive Analytics in a Data-Driven World
The use of predictive coding in e-discovery answers the need to automate document review for discovery purposes. Why is automation of this process now so necessary? Because Big Data is upon us, and the legal profession is as much affected by this mountain of information as is business. We need automation to make our way through this.
Prediction coding is one part of the process of quantitative predictive analytics, and the use of predictive analytics in the practice of law is charging well past its role in e-discovery. Think about it: how often is a lawyer required to make a prediction: Do I have a case? What is our likely exposure? How should this legal matter be priced? Who in the firm is best equipped to handle it? What's up with the judge? What's the best jury composition? These are the questions that can, and will, rely on human-trained technology designed to wrest these decisions from the frailties of human thinking.
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.