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Technology Tips for Reducing EDD Review Costs
Litigation in the Internet Age involves document reviews of a magnitude not seen before. Leveraging advances in information technology, the world created more documents last year than in all the years combined since Gutenberg invented the printing press. This explosion of new data shows no signs of abating as individuals and companies continue to embrace new technologies such as instant messenger, voice over IP messaging, MP3 and digital video.
Both case law and recent changes to the Federal Rules of Civil Procedure make clear that electronic data is fair game in discovery and impose strict requirements around its preservation and production. Litigants that fail to preserve or produce enough data risk potentially draconian sanctions that can include findings of spoliation and adverse inferences. On the other hand, litigants that produce documents too freely can find themselves facing a waiver of privilege claim if a speck of privileged information slips through the review net.
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.