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Reducing the Cost of Discovery
General counsel face intense, unprecedented pressure to cut costs. At the same time, the sheer quantity of data being created in a corporate environment has resulted in spiraling discovery costs. In facing what seems a losing battle, general counsel need to grow the tools available in their arsenal when approaching discovery. An important skill is use of technology as a way to reduce the costs associated with document collection and legal review. However, the best technology will never overcome the pitfalls associated with recurring problems such as the over-collection of documents or the identification of a new issue deep into a large document review. Analysis of how you are handling and responding to discovery requests will eliminate errors and reduce costs. This article provides a case study of one legal department's use of Lean Six Sigma in identifying avoidable problems that occur again and again across a variety of cases. The result? Tens of thousands of fewer unnecessary documents collected in shorter time frames, and significant cost-savings.
Introduction
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.