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Technology Changing the Litigation Game
There's no mistaking that new technologies are transforming the practice of litigation. Today's litigators take depositions via videoconferencing, scour social networking Web sites for dirt on the opposition and communicate at all hours of the day and night with opposing counsel via Blackberry. Technology can overlook the time-tested interpersonal styles that facilitate skills development, but it can also offer a leg up when it comes to seamless client service and flexible schedules, a trademark that is here to stay as more Gen Ys enter the workforce with an innate expectation of using these tools. The successful litigator must temper the tension between the obvious personal and professional benefits of taking full advantage of new technology and the corresponding loss of face-to-face interaction.
There is no doubt that the practice of law, as with all businesses, has changed dramatically with advancing technologies. Gone, of course, are the days of typing briefs on a typewriter and using carbon paper to copy. Even the old word processors have faded away as we all now sit with our own, much more compact personal computers or laptops. Delivering documents has gone from the mail, to messengers, to facsimile, to PDF via electronic mail. Today, most law firms dole out Blackberrys (or similar handhelds) to their practitioners, allowing for constant e-mail and document access regardless of locale. The ability to carry your office with you does not even require taking up residence at the nearest coffee shop, because wireless Internet access is also portable.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.