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Electronic Discovery in the Cloud
As organizations strive to minimize costs and maximize efficiency and scalability of computing resources, IT and legal departments across the globe are turning to cloud technology (a.k.a., cloud computing) for help. Although the idea itself is not new, the use of pooled technology outside an organization's own infrastructure is gaining momentum with expanded service offerings from companies like Google, Amazon and Microsoft. The recent surge in popularity is pushing industry groups to consider how to accurately define cloud computing and provide guidance as to how it can be properly managed ' especially in relation to regulatory compliance and electronic discovery requests.
According to the National Institute of Standards and Technology (“NIST”), cloud computing “is a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.” See, Peter Mell and Tim Grance, The NIST Definition of Cloud Computing, Version 15, 10-7-09, http://csrc.nist.gov/groups/SNS/cloud-computing (October 2009). From an IT perspective, cloud computing offers users seemingly unlimited resources for data storage, application development and data processing. From the legal and compliance perspective, cloud computing raises concerns and questions about the security, preservation and control of data stored in the cloud.
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.