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Mobile E-discovery Can Keep Secrets Secret
Fulfilling a discovery request is a huge challenge for any company ' the stress of litigation, the expense of dredging through gigabytes and even terabytes of documents and files, and the disruption to every businessperson who may have sent an e-mail about the matter in contention can make for a difficult situation in the best of circumstances. But there are also security concerns. As a corporation's information is moved around, restored and sent to and from outside counsel, highly sensitive trade secrets and private data may be at risk every time discovery materials leave corporate offices.
As e-discovery has entered the mainstream, and highly sensitive company data is being demanded in litigation, it becomes even more important for companies to be able to 'own' their data and establish clear chains of custody when that information must be produced as part of a lawsuit.
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.