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Upgrading Litigation Support Technology
Dorsey & Whitney LLP is a firm of more than 600 lawyers with a litigation and arbitration practice in 15 locations in the United States and in London, Hong Kong and Shanghai. I joined the firm's New York office in the fall of 2005 and assumed, among other duties, the task of advising on the litigation department's deployment of discovery technology for large and complex matters. Before arriving at Dorsey, I had trained for several years in a litigation practice involving a broad range of suits and regulatory investigations implicating multiple jurisdictions and thus had become steeped in many of the electronic evidence and discovery issues facing the firm's New York-based international practice.
Just weeks before my arrival at the firm, Dorsey had taken on a federal litigation for a longstanding client, a U.S. subsidiary of a Japanese global technology concern. The litigation had evolved into a class action, consolidating several consumer suits alleging damages of more than one billion dollars. Discovery proceeded along a brisk schedule set in the Southern District of New York, arguably the world's most sophisticated court with regard to electronic discovery issues. In part due to the management of the electronic evidence in this dispute, Dorsey's client obtained an order in September 2006 denying class certification and strongly pointing toward the ultimate disposal of the matter. As discussed below, our implementation of the Ringtail Legal 2005 hosted ASP solution ' and the support by FTI Consulting ' was important in this very favorable outcome.
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.
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.
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.