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Extract Maximum Value from e-Discovery Service Providers
The unfortunate reality is that companies regularly involved in litigation can expect to pay service providers (a.k.a., “vendors”) a substantial sum of money for e-discovery services. Estimates indicate that companies will spend nearly $10 billion annually on e-discovery in the coming years. Are companies getting their money's worth for these services? What can companies do to extract maximum value from their e-discovery service providers?
These questions should not go unanswered. To this end I have identified four steps that companies can follow to help extract maximum value from e-discovery service providers. I believe it is more likely than not that following these steps will result in a net reduction in e-discovery spending. The steps, as detailed below, are: 1) Gather and normalize e-discovery spending data; 2) Analyze the results and define the system to identify what is valued most; 3) Establish new expectations; and 4) Take action to increase value and likely reduce overall spending.
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.