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For the fourth time, Exterro has conducted an in-depth survey of federal judges in order to understand better how they see e-discovery law and practice changing. In 2018, partnering with EDRM at Duke Law and BDO, this survey reached farther and deeper than ever before, with 30 federal judges responding to questions covering e-discovery competency, improvements to e-discovery practice, and the Federal Rules of Civil Procedure and Federal Rules of Evidence that govern e-discovery.
Past surveys of the federal judiciary have compared the judges' responses to those of attorneys or invited e-discovery experts to offer their thoughts on what the results meant. This year, in addition to gathering and analyzing the opinions of 30 federal judges, the survey contains expert analysis of the results from eight sitting and recently retired federal judges.
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.