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New Document Metadata Changes In Microsoft Office 2007
Microsoft Office documents contain information other than the actual content that is intended for the reviewer to view and edit. This information is called document metadata. In some cases, the disclosure of this document metadata may have potential for harm or embarrassment for a law firm.
The document metadata contained in a Word document other than the intended text doesn't necessarily create risk of adverse disclosure, because some document metadata is necessary for formatting or macro automation of the document. However, some document metadata, such as Tracked Changes, may be used to share among cooperators, but should not be shared with adversaries or in some instances clients, because it contains author and date metadata.
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.