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e-Commerce Docket Sheet
Lawyers Have Duty To Ensure Clients Comply
With e-Evidence Obligations
An attorney has an affirmative duty to take “active steps” to oversee client compliance with discovery obligations and ensure that relevant electronic documents are preserved and produced. Zubulake v. UBS Warburg LLC, No. 02 Civ. 1243 (S.D.N.Y. July 20, 2004). The court found that spoliation had occurred when relevant e-mails had either been purposely or inadvertently deleted, in some cases because of the re-use of backup tapes after the obligation to preserve e-evidence had attached. The court commented that counsel's obligation in supervising compliance includes identifying sources of discoverable electronic information (including by becoming familiar with a client's document-retention policies and data-retention architecture), speaking directly with key individuals (including client information-technology personnel) in the litigation to determine how documents are stored, requiring employees to produce copies of relevant electronic evidence, and providing for the segregation and safeguarding of any archival media, such as backup tapes.
FTC Settles Charges Alleging Retroactive
Change In Privacy Policy
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.