Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Best Practices for Reducing Errors in e-Discovery
e-Discovery is inherently messy and prone to mistakes. The data itself is not always what it appears, the volumes of data are often mind-boggling, and the locations in which the data is stored are not always easy to find. Add to this the fact that we have recently witnessed a lawsuit involving a major law firm and an e-discovery provider, all which revolved around e-discovery mistakes. While the lawsuit was ultimately settled, an environment of mistrust has surfaced. This mistrust, however, can easily be eliminated with a little planning and foresight.
This planning and foresight involves identifying the common mistakes that can occur during each phase of the discovery process. The best practices for eliminating those mistakes are as follows.
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.
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.
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.