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E-mail, Instant Messaging and Voice-mail
Electronic communication has been a productivity boon in nearly every industry. E-mail, voice-mail, and the latest favorite, instant messaging (IM), enable workers to communicate at the pace and level of interaction they need. Unfortunately, the more digital messages workers exchange, the more risk companies face from electronic information that could prove damaging during litigation.
The Sarbanes-Oxley Act requires auditors to retain all records relevant to an audit or review, and this includes “workpapers, documents that form the basis of an audit or review, memoranda, correspondence, communications, other documents, and records (including electronic records).” This clearly includes e-mail, and failure to properly maintain these records can result in jail time.
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.