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Maximizing the Power of Virtual Data Rooms
A virtual data room ('VDR') is a secure Web-based version of a traditional physical data room used to facilitate document exchange and review in connection with corporate transactions. The technology emerged within the early 1990s to facilitate mergers and acquisitions and loan syndication transactions, and today supports a range of legal and financial transactions, such as IPOs and other securities transactions, real estate financings, private equity, venture capital, corporate restructuring and litigation matters.
VDRs offer legal and financial professionals an array of advantages. Overall, VDRs make it possible for lawyers and other deal advisers to focus more on the substantive work to be done and less on procedural aspects of deal management. By making the data room accessible over the Internet, VDRs help to accelerate the pace of the due diligence process. VDRs provide interested parties with convenient and instant access to deal-related documentation while reducing administrative expenses. Furthermore, VDRs provide professionals with the ability to monitor data room activity, including who accesses data room information and who views specific documents.
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.