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Recommended Practices for Document Review Workflow
The process of litigating is simple: Know the law. Get the facts. Apply the law to the facts. Tell a compelling story.
In the paper world, “getting to the facts” was routine and predictable, with generally understood scope, costs and risks. With the explosion of electronic data and the evolution of ever more complex systems, “getting to the facts” is no longer routine and predictable. Data volumes and complexity have driven costs to unsustainable levels, and the risks (omission, spoliation of data) can now adversely impact the merits of a case and the reputations of both client and counsel. The concept of workflow development can help reign in costs and mitigate risks for document review projects.
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.