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Electronic Discovery: An Overview
No longer is electronic discovery reserved for the rare case involving complex technical issues, or those involving large damage claims. In modern-day complex litigation, as well as simpler cases involving individuals, the proverbial “smoking gun” is as likely to be a deleted e-mail or electronically stored draft document as it is a “hard copy” of a document. The proliferation of computers not only in the office but in the home ' and, indeed, portable computers that travel with the user ' greatly increases the odds that many discoverable documents will be available, and perhaps only available, in electronic format. This article provides a general primer on the subject of electronic discovery, discussing some recurring issues in the case law, as well as issues that should be of particular interest to franchisors and franchisees.
Statutory Provisions Governing Electronic Discovery
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.