Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Decoding Encrypted Documents in Cross-Border e-Discovery
On the battlefields of ancient Rome, Julius Caesar used a cipher that changed the order of the letters of the alphabet to secure messages he sent to his infantry leaders. Caesar shifted the letters in his messages by three, such that the letter A would become D, safely encoding them from his mostly illiterate foes. Any messages the enemy intercepted were likely presumed to be written in a strange foreign language.
Since this first reported use of cryptography in 50 B.C., encryption techniques have become far more sophisticated and prevalent. Therefore, it is likely that any data you collect in discovery will contain files ' if not entire computers, hard drives or mobile devices ' that are encrypted, encoded or password-protected. And given the global nature of business, it is even more likely that some of these encrypted documents will be written in foreign languages, which adds another layer of complexity to document processing and review.
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.