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e-Discovery Docket Sheet
Parties Ordered to Confer on e-Document Production Scope, Costs
In a class-action consumer-protection lawsuit, the defendant objected to a request for electronic documents including 'any and all information related to e-mail.' The defendant claimed that the request was overbroad and unduly burdensome because it would cost about $10 million to produce the documents in .TIFF format. The plaintiffs countered by asserting that the defendant could first produce the documents in 'native PST format' and then print the documents 'without any additional cost.' Declining to rule on the costs issue, the magistrate judge ordered the parties to confer and agree on a data-sampling protocol, a production format or both. If the parties couldn't agree, then a hearing would be held to determine production scope and cost-shifting. The magistrate also found the plaintiff's request for e-mail overly broad and stated, '[t]he mere suspicion that a document containing relevant evidence might be located in defendant's computer files does not justify the production of all e-mail communications or computer records. … [R]equests must be reasonably tailored to secure the production of documents relevant to the issues in this lawsuit.' Thompson v. Jiffy Lube Int'l, Inc., 2006 WL 1174040 (D. Kan. May 1, 2006).
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.