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Ensuring Consistent Quality in Electronic Discovery
Electronic evidence is now so prevalent, it's no surprise that most litigation requires its collection and review. But, how do you know that you've collected everything you intended to harvest? How do you verify that what is going out the door to opposing counsel is enough to satisfy their demand, but isn't overbroad and an invitation for fishing? On that point, zoom out for an even more macrocosmic view and ask yourself how you can manage your vendors to ensure consistent quality over the long term.
Ultimately, it's the responsibility of the client representative, either a member of the corporate law department or a member of outside counsel's case team, to ensure the quality of the collection and processing effort. Don't assume that just because the evidence is digital, it doesn't need quality control to the same extent as paper. Electronic evidence is daunting and pushes most people's computer-phobia buttons, but the need for high-level, top-shelf, efficient and effective quality control (QC) in handling electronic evidence, in all matters, can't be ignored.
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.