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The Case Against Native Application Review of e-Mail
Cost conscious lawyers and clients sometimes choose to conduct pre-production review of client e-mail in a native e-mail application. They use an installed application like Microsoft Outlook or an internet e-mail program like Gmail. Their goal is to cut e-discovery costs by avoiding the data processing and data hosting fees associated with using a dedicated EDD database review tool. Unfortunately, native application review brings with it risks of spoliation and malware infection. Second and equally important, EDD review tools offer substantial advantages in review efficiency, searching, privilege review, and e-discovery process documentation. This article gives 10 reasons to use an EDD review tool instead of native application review.
A Little Technical Background
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.