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Data Mapping: The Common Thread Between Litigation Preparedness and Data Security
Virtually every legal action today relies heavily on the discovery of electronically stored information. Beyond explicitly declaring electronically stored information as discoverable, the recent amendments to the Federal Rules of Civil Procedure ('FRCP') also require litigants to know what potentially relevant ESI they have, where it is, how it's maintained and what it will cost to produce. The rules require parties to make 'intelligent and informed' decisions related to data preservation, discovery and form of production early in a case. This means that businesses must have its ESI house in order before litigation is pending.
However, according to a survey of corporate counsel attorneys, only 7% of them rate their companies as prepared for the electronic discovery amendments to the FRCP. Meanwhile, according to a survey conducted by Computerworld at the end of 2006, approximately 42% of the 170 IT managers and staffers surveyed said they did not know the status of their company's preparation for the new rules, while 32% said their company was not at all prepared. This lack of preparedness is not surprising since, until recently, many in-house legal departments have taken a back seat and let outside counsel manage their discovery needs.
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.
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.