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Scope of Privilege: When a Company's Business Is Litigation
Patent litigation is often very document intensive. When reviewing documents for production in a litigation, a number of questions must be addressed for each document. For example, is the document relevant to the issues in the case? Does the document contain confidential information that should only be produced subject to a protective order? Does the document contain confidential information of a third party that requires permission from that third party before production? While all of these are important considerations, perhaps the most important inquiry is the question of privilege: Is the document privileged and thus can be withheld from production?
Too often, the complex question of privilege devolves into a simple inquiry: Is the author or recipient of the document an attorney? This shortcut analysis assumes that documents authored or received by an attorney are privileged, while documents exchanged between business people are not. However, as with all shortcuts there tend to be flaws.
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.