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Digital Images: Don't Blink or You Will Miss Them
The use of digital cameras to create and preserve images has evolved from an expensive, often specialized process to a common practice embraced by the general public. As the use of digital photography has become commonplace, so too are digital photographs being increasingly offered as evidence. Courts generally have accepted digital photographs for the same purposes as traditional photographs: to support testimony and sometimes to take its place as “pictorial testimony.” Digital photographs, however, are far more easily altered and manipulated than traditional film photographs, and such changes may be more difficult, if not impossible, to detect.
With modern scanning technology, even photographs originally taken on film may be loaded into computers and digitally altered. The increasing use of digital photography, therefore, raises numerous issues both for counsel seeking to offer digital images as evidence and for parties against whom such images are offered, including the manner in which such images were created, how they were stored and/or transferred into other media formats, and whether the images have been altered in any way. Failure to determine the answers to these questions well before trial may result in the admission of false or misleading evidence.
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.
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.
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.