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X Marks the Spot: Lessons Learned From the Data Map Process
Creating the right data map with the right information takes time, patience, perseverance and pull. A data map that is hastily put together and is missing information will only provide cursory support to counsel, and instead may end up providing fodder to opposing counsel. Some have even said that is better to not have a data map, claim ignorance and hope for leniency than to state that you have a data map and produce an incomplete, half-baked and inadequate one and anger the judge.
Many organizations have hundreds of business applications, systems, utilities, network file shares and collaboration sites (such as SharePoint, Wikis etc.), not to mention the potential goldmine of data stored in backup tapes, archival systems, PST files and offsite storage. Daunting as it may seem, creating a data map is actually twice as difficult as you thought. Really, simply e-mailing a “questionnaire” to the IT or operational folks asking for a list of applications, systems and platforms within the organization may not produce optimal results. Instead, a holistic approach to the creation of the data map must be undertaken.
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.
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.
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.