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The Hidden Liability in Legacy Data
IT organizations around the world are charged with protecting corporate data assets. All data, including sensitive executive e-mail and intellectual property documents, is managed by IT for the purpose of safekeeping. Lawyers and legal staff are now starting to participate in the process of managing corporate records. Policies are being developed that help manage the corporate liability around data and ensure that information is not only protected and available, but also handled according to corporate policy. This emerging area is known as Information Governance.
Wikipedia defines Information Governance as “the set of multi-disciplinary structures, policies, procedures, processes and controls implemented to manage information on all media in such a way that it supports an organization's immediate and future regulatory, legal, risk, environmental and operational requirements.” Organizations that face frequent litigation or regulatory oversight are quickly implementing information governance strategies. However, these strategies commonly focus on the current or online data assets, and often neglect the hidden data. The latter is found in historical archives that typically consist of legacy backups of corporate networks. It is common for large organizations to have tens or hundreds of thousands of backup tapes stored in offsite vaults gathering dust. These vaults are protecting the tapes from corrosion and destruction, ensuring they are kept in readable condition. Since these corporate records are not going anywhere, they need to be included in the information governance strategy in order to control the potential hidden liability. Out of sight cannot be out of mind.
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.