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When Death Is More Than a Blue Screen
Everyone who has worked with a computer, even before the arrival of the Internet, knows the sickening feeling of loss. Without warning, hours of your work suddenly vanish from the screen. You hope (and pray) that perhaps it's been saved in a backup or temp file ' but often it's not. As your internal soundtrack turns up the volume on Don Henley and Glenn Frey, you realize that your carefully crafted project is 'already gone' ' and that it's not the time for a victory song. Instead, you will have to painstakingly recreate the work you had already done ' but didn't get a chance to (or even forgot to) save before the crash signaled by the apparently ubiquitous 'blue screen of death.'
Fortunately, this problem is an easy one to fix ' before the fact. Periodic automatic save features can be turned on in many programs, such as Word, and 'Control S' has become an automatic part of typing for many people. On a systemwide basis, network administrators can generate minute-by-minute backups ' many thanks to David, Steve and the Help Desk at my firm, because their efforts have often saved me during computer or system crashes and blackouts.
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.