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Using Relativity As an Information Governance Application
By now, most litigation attorneys and litigation support personnel know that kCura's Relativity is the most prevalent database used for the review and production of Electronically Stored Information (ESI). Relativity is used by many of the AMLAW 100 law firms, Fortune 500 corporations, and over a hundred third-party e-discovery vendors. Attorneys, support staff, companies and vendors use Relativity to support document review on a broad scope. Cases can be anywhere from a few hundred to tens of millions of documents. In fact, it is not uncommon for document review vendors to have hundreds of contract attorneys working across the globe reviewing hundreds of thousands of documents per day from the same database in advance of making a large document production in response to a subpoena, discovery request, or a Department of Justice Second Request.
The process is extremely familiar. A company is sued or is the subject of a government investigation. As part of this action, the party bringing suit or the government makes demands for electronic information from the defendant. The defendant engages an e-discovery vendor to identify, preserve, collect, process, review and produce all non-privileged and relevant documents. The e-discovery vendor utilizes Relativity to complete this step-by-step process that mirrors the Electronic Discovery Reference Model (EDRM).
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.