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Cloud Computing
It would be hard to find an IT department of a large business that was not undertaking a “cloud computing” project or at least considering the idea. Cloud computing is a phrase that encompasses many different types of Internet-based computing solutions, including online data repositories, outsourced IT infrastructure, and software as a service, to name a few. A defining characteristic of these technologies is that a service is provided by a third party, the use of which involves a consumer entrusting its data to that third party. Accordingly, this technological revolution means new e-discovery challenges are on the horizon for lawyers as clients move discoverable electronically stored information (“ESI”) from their own networks to networks controlled by someone else.
Introduction
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.