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New Trends for Managing Privilege In e-Discovery
As any corporation or law firm will attest, the cost of litigation continues to rise and with it the need to identify efficient solutions while maintaining transparency and defensibility. Document review, specifically, has long burdened litigation budgets; however, recent trends in the acceptance of technology integration and more advanced managed review workflows is taking root in the legal landscape. Litigation teams have been tasked with striking the right balance between identifying creative solutions to reduce these budgetary concerns while delivering high quality and defensible work product.
Federal Rule 26(b)(5) governs privilege disclosure during the discovery process by allowing the claiming party to withhold privileged information so long as: 1) a claim is expressly made; and 2) the nature of the documents are disclosed in a manner such that the adverse party is able to assess claims for privilege without being provided access to the underlying sensitive information. This mechanism is commonly referred to as a privilege log. Traditional privilege logs can generally be defined as a log of responsive data to be withheld on the grounds of privilege where the following information is provided: custodian, recipient list, communication date, subject and a privilege description/assertion.
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.
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.
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.
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.
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.