Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Mission to Comply
e-Discovery, e-records management and the mitigation of internal fraud ' such as the theft of intellectual property and trade secrets ' are three of the top compliance priorities for in-house counsel. Because all three center around computer data, the technical ability of business concerns to properly manage, identify, search and retrieve computer information across the global enterprise in an efficient manner is necessary, in fact, imperative, these days. As such, while well-developed processes and managerial oversight are important, deploying effective enterprise-class computer investigation and retrieval technology is also needed to achieve meaningful compliance. Without such a capability, compliance efforts become highly manual, inefficient and expensive, and lead to compromises in the execution of even the best designed processes.
For these reasons, large organizations are turning to enterprise computer-investigation technology to address such technical challenges and facilitate compliance. Such a capability enables highly scalable and thorough searches of systems across their wide-area network to identify, collect and process computer evidence. Enterprise computer-investigation systems provide an overall framework to enable compliance with e-discovery requirements, audit and enforce e-records management policies and conduct thorough computer investigations in a reactive and proactive manner to address internal fraud and IP theft.
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.