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Effectively Categorizing e-Mails And Attachments
No one ever promised litigators ' or anyone else ' involved in e-discovery a rose garden. In fact, a venture into document review is usually more than anything a trip into a thicket of procedural thorns.
During an electronic-document review, for instance, attorneys may come across an e-mail message that is responsive to the document request that they received. But here's how one of those many thorns pops out to put a pain in the side of litigators reviewing documents: What if that e-mail has an attachment, and what if the attachment is not responsive? How should the review team code the attachment ' should it be identified and then labeled as responsive or as non-responsive? Should the e-mail message be produced by itself, or should the e-mail and the attachment be produced together?
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.