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FRCP 26(f): Use a Map, Ask for Directions or Fly Blind?
It's a warm Sunday afternoon. The convertible's idling with the top down and is ready for a drive in the country. You have no idea where you're going or what you'll do when you get there, but it's definitely spontaneous and sounds like fun. So, rather than using a map or asking for directions, you decide to fly blind and just get in the car and drive. If you get lost, no problem; you'll eventually find a gas station and get directions back to the highway.
Following the same route heading into your next Federal Rules of Civil Procedure (FRCP) 26(f) discovery conference, without a map or directions, might also be spontaneous but won't be nearly as fun. It could also be quite costly. With the shortened time frames under the amended Federal Rules, it's almost too late to ask for directions once the lawsuit has been served. And pleading ignorance, real or feigned, about the details around electronically stored information (ESI) relevant to the matter can lead to (and has in many recent cases) the 3 S's of e-discovery ' Spoliation, followed by 'I'm sorry,' and ending in Sanctions.
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.