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Legal Tech: Winter 2019 E-Discovery Case Law Review
As a practice, e-discovery involves professionals from a variety of disciplines. For this case law review, we spoke with professionals who play different roles in the e-discovery process to identify three case law rulings from 2018 that stood out in the impact they have on how e-discovery is practiced today. The rulings in EPAC Technologies v. Harper Collins Christian Publishing, Waymo LLC v. Uber Techs, Inc., and Klipsch Group v. EPro E-Commerce all have the potential to cause organizations to re-evaluate their e-discovery processes to make sure they are complying with the requirements of the law.
Inadequate Legal Hold Process Leads to Sanctions
EPAC Technologies, Inc. v. HarperCollins Christian Publishing (M.D. Tenn. March 29, 2018)
The first line of defense against spoliation starts with your legal hold process. If that process has gaps, don't be surprised if data is inadvertently deleted like in this case.
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.
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.
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.