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The e-discovery market is changing at an ever-increasing rate. Almost daily, we hear news of a merger between two vendors with talk of providing an integrated solution for law firms. Indeed, integration has quickly become one of the buzzwords of 2010.
With law firms increasingly feeling pressure to adapt to client demands to reduce bills and expenses, an integrated e-discovery solution may seem like a wise investment. Having fewer vendors providing necessary services is always beneficial. It means less administrative overhead, less potential for miscommunication, and less time spent training staff on new software. However, when it comes to e-discovery, an integrated solution may not always provide a law firm with exactly what it needs. An integrated e-discovery platform must provide the firm with the ability to process, review, analyze and then produce electronically stored information (“ESI”) in a consistent, defensible and economically sensible manner. This is of paramount importance. Without understanding the many nuances involved in each of these phases, a law firm may quickly find out that it has purchased an integrated solution that fails to perform an essential task. At that point, the firm is faced with outsourcing this essential task or purchasing standalone software, defeating the purpose of investing in an integrated solution. In light of this, firms should carefully consider the essential software components for each phase of the e-discovery life cycle before investing in an integrated solution.
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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.