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<b>Product Review</b>Attenex Patterns E-Discovery Platform
Imagine you have received 35 gigabytes of data consisting of normal office documents and e-mail. You have agreed with your opponents to deliver rolling productions starting in 4 weeks, and completing your production of all the relevant material in 12. You have 12 junior associates with plans to work 10 hour days, 5 days a week. Not a problem. You have a sophisticated review system where documents are converted into images and their metadata is collected into a tidy database that you can neatly parcel into review sets for your attorneys. Using the standard 70,000 pages per gigabyte, seven pages per document, your 12 attorneys will only need 50 days to complete the review, which would be 10 days ahead of schedule, barring any major delays or distractions.
Now imagine that your data doubles. There were forgotten back-up tapes. Also, you discover that the original 30 custodians from whom you gathered data are insufficient to satisfy your discovery burden, and you need to go back out on week 3 and pull files from an additional 30 custodians. By the end of week 4, you have 300 gigabytes of data and no let up in your deadlines. Your initial cost and time estimates have just been multiplied by 10.
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.