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<i>Product Review:</i> KVS's Enterprise Vault Slams the Door on e-Mail Retention Issues
Like most of you ' okay, all of you ' we struggled mightily with many concerns surrounding e-mail retention. The paramount question was: “Now that e-mail has become ubiquitous and constant, how do we ensure client-related mail becomes a part of the client record?” Ancillary, but no less vexing, questions like how to keep timekeepers from receiving constant “Your mailbox is over its limit” messages without giving them unlimited mailboxes (What limit short of unlimited would not result in that message? And the corruption and other risks of an unlimited mailbox are well-documented, given that Exchange is a truly terrible database), how to eliminate reliance on the notoriously fragile and unreliable PST, how to improve searching (Outlook, after all, does not permit searching attachments, and is painfully slow to search message content), how to eliminate redundant message storage, and how to effect some manner of collaboration, contributed to the stew of issues any solution would have to address in order to be effective.
In the spring of 2001, we happily rolled out new desktop hardware with Outlook 2000 integrated with Hummingbird's PowerDOCS 3.5.1, believing we had found the solution to our e-mail woes. A simple drag-and-drop into the proper DOCS library, familiar profiling (the e-mail integration automatically set the e-mail's subject line as the doc title, and mailbox name as author, saving LOTS of typing), combined with the ability to secure sensitive mail, would provide the answer to managing the unmanageable. We quickly found, however, the Achilles heel we had not considered. We had already discovered in our test environment that timekeepers would need to be taught to set profile defaults (eg, set client and matter number), so that multiple e-mails could be profiled quickly; however, we had not considered the fact that even with profile defaults set, the timekeeper had to click “OK” for EACH e-mail profiled. For a busy timekeeper trying to save potentially hundreds of e-mails per day, this simply wasn't workable and was soon abandoned by virtually everyone.
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.