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Voicemail, Web Conferences and Beyond
Sound recordings have corporate counsel asking questions. With aural data on the rise, and thanks to the recently revised Federal Rules of Civil Procedure (“FRCP”), properly addressing these queries can be ' and will be ' the difference between winning and losing a case. Corporate counsel must be able to master how audio files operate since they play a pivotal role within the recent court-created electronic data explosion that is electronically stored information (“ESI”).
Audio files are, in short, digitized voice recordings and have become ubiquitous with modern business. Common examples are .wav files of recorded customer service conversations, Web conferences and, of course, voicemail. These previously untouched pieces of evidence are now fully discoverable under the FRCP Rule 34(a), and respective case law, and are truly making their mark on contemporary ESI in ways previously unimagined. Sound recordings now unmistakably fall under the same constraints to pinpoint process and disclose as do other permutations of ESI.
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.