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Are You Holding What I Think You Are Holding?
It is the big day. The IT manager is due in court to support his company's case and to demonstrate that the company has established and followed proper procedures to search, process, secure and produce evidential IT records pertaining to the case. He has been prepared and coached on what to say and when and how to say it. This particular case is critical to the organization and any missteps could potentially result in adverse inference, substantial fines and even loss of reputation. The company really does not want be on the losing side.
The IT manager takes the stand. Opposing counsel begins to question the IT manager and the first 10 minutes of the ensuing discussion go fairly well. The IT manager describes the organizational processes to: search and gather relevant IT information relevant to a case; inform appropriate concerned parties; apply holds to documents; secure e-mails; and how applications/systems back-ups are performed and retained.
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.