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e-Discovery Case Law: The Cost of Poor Practices
For years, consulting firms that provide services during technology migrations have touted the ability to protect corporations from the risks of not upgrading their systems. In the late 1990s, these warnings focused on bugs that could be initiated in 2000 with the date change (remember the Y2K bug?).
Today, discovery and computer-forensics consultants are similar to those consultants of a decade ago in that they try to warn clients about the need to correctly preserve information, and respond to litigation and regulatory requests conscientiously. Years of warnings and millions of dollars in court-imposed sanctions later, corporations are seriously considering how to mitigate poor data-discovery project-management risks, missing electronically stored information and lost evidence.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.