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Staying Up To Speed In A Fast-Changing e-World
It has long been the law that an obligation to preserve potentially relevant evidence attaches when an action or investigation is commenced against a person or company, but until quite recently few companies had formal policies addressing that duty. The last few years have seen a seismic change in this area, driven largely by concerns about electronic records. Recent independent surveys of corporate general counsel confirm that companies have been taking steps to formalize their preservation practices when litigation or enforcement activity becomes reasonably likely.
A 2003 survey conducted by the e-consulting firm Cohasset Associates found that 46% of the companies surveyed had not established any formal system for preserving records, and the litigation-hold policies of 65% did not address electronic documents. (For more information on general-counsel e-discovery process, see, “GC's New Discovery Role: Reduce Cost With More Document Review Efficiency.”)
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.