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Criminal Subpoenas for Online Data
The amount of electronically stored information (ESI) in the digital universe is staggering and increasing exponentially. Much of this data is personal. According to IBM, every day, people globally send 294 billion e-mails, publish 230 million Tweets, and upload 100 terabytes of data to Facebook. These statistics account for a small fraction of online ESI, which can include purchase invoices, travel itineraries, contact lists, private correspondence, photographs, calendar appointments, tax documents, medical information, and so on. A collection of such digital information provides an archive of an individual's personal life ' more detailed, reliable, and intimate than the most meticulously maintained diary or scrapbook. This phenomenon is equally true in the business world. The average American office worker creates 1.8 million megabytes of ESI each year, and more companies are considering moving their enterprise data into cloud storage to manage this growth.
The Fourth Amendment
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.