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What You Need to Know About Topic Review
The process used to review discovery documents in civil litigation has undergone a significant transformation since the introduction of electronic-discovery practices at the beginning of this century.
Consider that only a few years ago, document-review teams conducted their work wearing sweatpants and old T-shirts while sitting in dusty warehouses, surrounded by a desert of boxes of paper. Sure, the boxes were neatly indexed, and logs could be gathered to head the team members in the right direction in their data-reviewing tasks. But despite the searchers' causal dress, those boxes in that warehouse desert presented a daunting task: There were no company picnic notices, and no employees' personal communications to their loved ones; indeed, the boxes contained the team's clients' legitimate business records.
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.