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Taming the Beast
Ninety percent of information in existence today was created in the last two years and experts estimate that, currently, over 90% of corporate data is in a digital format. Data is currently being created at a rate of two million terabytes per year, and industry analysts surmise that number will explode to four million terabytes per day in the near future. See, “What Is Big Data?” IBM.com.
Corporate law departments acknowledge the need to manage and control this unabated and explosive growth of digital information, yet understand that the traditional approach will not work. In the past, the responsibility for creating and implementing an organization's records management program has typically fallen to the records manager, with support from the corporate law department for certain activities such as approving the company records retention schedule. Records management programs focused primarily on paper records management. Now, with information ever growing and primarily in digital format, most organizations acknowledge that a different approach needs to be taken.
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.