Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Government Searches of Computers
You get a frantic call from in-house counsel for your corporate client: “IRS agents with search warrants are seizing our computers as we speak,” she informs you. Your mind races to identify the issues that inevitably will arise so that you can promptly, properly, and professionally advise your client what to do. Your client has no experience with criminal investigations and no inkling what will happen over the next few months. She urgently wants to know:
- What's going on, what are they going to do?
- Will we get our computers back?
- How long will it take?
- Are they going to find anything?
- What do we do next?
- How much will it cost?
This article addresses some of the issues arising from searches and seizures of computers and their data to provide guidance so that counsel can effectively represent the interests of their clients who are subjected to such intrusive evidence gathering by federal law enforcement authorities.
'What's Going On? What Next?'
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.
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.
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.