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Nip Compliance Issues in the Bud
Good business practice in the e-commerce sector, as in the bricks-and-mortar world, requires that companies take steps to ensure that employees comply with company policies, as well as with the laws, rules and regulations that apply to them and their industry. An increasingly important part of that practice involves monitoring and storing electronic documents, including e-mails and their attachments, and managing these documents throughout the information lifecycle. While an electronic document may have a direct business use of only a few minutes ' perhaps to signal agreement to a contract term ' this same document may have an afterlife of many years, during which it must be retained and managed.
Other documents may also present risks to the company. These risks must be identified and mitigated. An adequate compliance program insures that documents that must be retained are archived, and archived only for as long as necessary, and that risks be identified and mitigated effectively.
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.