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The Impact of Cloud Computing And Mobile Devices On Litigation Holds
Lawyers may be tempted to gloss over yet another article about litigation holds and data preservation because they believe they already have the basics down. But the “basics” are a moving target and several developments from the past year merit reconsideration of company hold processes in 2015. Those developments focus on the importance of recognizing and addressing the new and dynamic forms of evidence that must be kept for litigation. As the recent cases of Brown v. Tellermate Holdings, No. 2:11-cv-1122 (S.D. Ohio July 1, 2014) and Small v. University Medical Center of Southern Nevada, 2:13-cv-00298-APG-PAL (D. Nev. Aug. 18, 2014) demonstrate, a company's litigation hold process might not be defensible unless appropriate steps are taken to preserve relevant information stored with cloud computing providers and maintained on mobile devices.
Preserving Data In The Cloud
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.