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Salt Lake City's Kirton & McConkie faced a critical communications issue. With 87 attorneys and additional support staff all using e-mail as a primary method to communicate with internal staff, clients, investigators and others essential to our cases, e-mail is the most important record for all types of data. We were using a backup product to perform a full database backup on the weekends, and incremental backups during the week on our Exchange server; however, the tape backup software didn't allow us to easily search and retrieve e-mail messages and attachments. Additionally, the need for large mailboxes (sometimes as big as 2 or 3 gigabytes), as well as increased e-mail activity, had caused our Exchange database to grow to an unmanageable 120 GB. We couldn't reduce e-mail service, as partners and staff relied on e-mail as the primary communications tool to handle cases. But, the risk of losing pertinent information was oppressive, and managing e-mail data and maintaining seamless access to archived information became a mission-critical task for IT services.
E-Mail Management
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 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.
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.
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.
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.