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Explaining e-Discovery
Due to the broad scope of legal relevance, virtually every bit and byte within a company's IT infrastructure could be subject to an enforceable discovery request in civil litigation. Evidentiary demands have evolved, along with the tools we use to measure and record our activities. The process of identifying and producing electronically stored information (“ESI”) ' e-discovery ' has grown so expansive and specialized that its costs have begun outpacing traditional attorney's fees in large corporate disputes.
The e-discovery process takes place at an intersection between increasingly complex information technology and rapidly maturing information law. Doing this well ' achieving cost-effective, defensible and useful results ' requires coordination between IT professionals and lawyers. Poor communication by the participants turns e-discovery into crisis management ' driving up costs and causing unpleasant surprises. To help avoid such pitfalls, this article dispels some common
e-discovery misconceptions.
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.
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.
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.