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Document Retention and Spoliation
Following the collapse of major financial institutions and other business leaders on Wall Street, both government agencies and shareholders have tightened oversight of corporate America, demanding greater accountability for money spent and decisions made by executives. Now more than ever general counsels must help their companies set clearly defined standards for legal, financial and business processes. Document retention policies are particularly important for protecting companies that may be involved in litigation, as well as in providing transparency to regulators and stakeholders.
Meanwhile, despite the economic downturn, companies looking to bolster their valuation are still focused on expanding and protecting their patent portfolios at all costs. A company's licensing agreements ' often an important source of revenue ' can be put at risk if document retention policies are not clearly set and carefully followed. In addition, general counsel must be aware that new standards for transparency present new challenges to IP and general litigation strategies. Knowing what to save, how to save it, and for how long can make or break a case. Destruction of documents is a surefire way to land a seat in the defense chair.
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.