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When Information Governance and Data Privacy Collide
The so-called “Big Data” problem has caused many organizations to breathe new life into their record-retention programs. A whole new discipline ' information governance ' has emerged as a framework to govern the creation, use, retention and disposition of information, as well as the technical platforms on which the information resides. While storage may still be cheap, with the ever-increasing data volumes, even traditional infrastructure organization is being challenged. As a result, more multinational corporations are moving to the cloud as a cost-savings mechanism for everything from e-mail to database storage and document creation, such as Google Docs. In addition, while corporate IT may have been driven by a goal to decentralize over the past several years, the current trend toward centralization of company information to achieve cost savings carries the day today. This all sounds like a great first step in an organization's attempt to get its hand around its own Big Data issues. But what happens when what makes the most business sense might actually be putting the company at risk?
Global Consolidation
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.
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.