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FRCP Electronic Discovery Amendments: Understanding the Impact
When Judge Scheindlin ruled in a landmark case and made the statement 'that's going to be the most expensive curse word you ever said,' little did she realize the prophetic nature of her words. I am not sure whether Judge Scheindlin knew how 'codified' her electronic discovery rulings would become when she issued her opinions (five times, no less in Zubulake v. UBS Warburg). She probably could not have foreseen the resulting cost and risk impact on corporations faced with defending lawsuits containing (as part of the pool of potential evidence) large volumes of electronically stored information (ESI).
We are now at the brink of the 'codification.' The (amended) Federal Rules of Civil Procedure (where the Zubulake standards are extremely influential) governing electronic discovery will go into effect in December 2006. Even now, courts from Kansas to Maryland are using those new rules as guidance for decisions in cases today, several months before the rules actually take effect. [Editor's Note: The U.S. Supreme Court officially approved the amendments on April 12 ' a move seen as a formality, but a necessary step in the approval process.]
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.