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Building An Effective e-Discovery Team
When faced with the unpredictable scope of e-discovery, today's corporate counsel require the adaptability of e-discovery teams to effectively manage electronic information involved in litigation. It seems a given maxim with sure results: Adaptability is a key component of being prepared. Indeed, by establishing clear lines of communication between its members, an effective e-discovery team is paramount to controlling costs and realizing production deadlines. Formalized lines of communication enable the team to quickly adapt as variables in the case change once the discovery process begins. Conversely, a corporation without such a team exposes itself to potentially problematic e-discovery efforts where spiraling costs and harried productions are common.
The team concept also balances the camps that often approach e-discovery from two distinct and, at times, conflicting vantage points: the legal and IT departments. And, of course, the means of assembling an e-discovery team shouldn't be an afterthought, but part of a firm's established, and evolving ' read that as adaptable ' business process.
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.
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.
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.