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Rule Changes for Electronic Discovery?
Technology has not only changed the way we live, but also the manner in which companies and their employees conduct business in the modern world. Today, companies both large and small utilize computer technology in every facet of their business. No longer just desktop tools, computers are now in our pockets or purses in the form of phones, palm pilots and blackberries. Simply put, computers are the dominant tool in today's business world.
Consider for a moment the daily activities at a typical corporation: E-mails are sent and received, files are generated, and information of all forms is stored on CD ROMs, hard drives, back-up tapes and the like ' all with the click of a mouse. Today's world is paperless, and electronic document preparation and storage is fast, easy, and virtually unlimited. Accordingly, companies need to be aware that all electronically stored information is likely to be discovered in future litigation. As electronic records can be virtually permanent, the legal world has set its sights on discovering every written word and every record created. Because employees view e-mail less formally than typed letters, personal opinion ' not always accurate and often provocative ' invariably finds its way into e-mail communications. This reality is particularly true of communications between co-workers. Electronically stored information may have significant consequences for a company involved in litigation, and companies should therefore have reasonable policies for the creation, handling, storage and destruction of their electronic documents and communications.
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.