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Finding Your Way Through Discovery By Data Mapping
For many in-house counsel, staying afloat in today's litigation and financial environment has become increasingly difficult. The amount of data that flows through companies has exploded while compliance measures have increased and deadlines for discovery have gotten shorter. The current economic troubles can slam legal departments in several ways ' not only are companies tightening their belts wherever possible, but certain types of lawsuits tend to increase during financial downturns.
According to the U.S. Equal Employment Opportunity Commission, the number of discrimination complaints increased 9% in 2007. The EEOC speculates that at least some of that growth is due to “changing economic conditions.” And if the past year is a guide, discrimination lawsuits could certainly increase as the economy looks turbulent for the foreseeable future, and organizations will be forced to continue downsizing their workforce.
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.
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.
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.