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Winning the Battle Between Social Media and Electronic Discovery
It seems all too easy to poke fun at Charlie Sheen's antics of late. And, while they serve as cautionary tales in numerous contexts, his use of social media to launch his “tiger blood”-fueled rampage against his employer may actually turn into evidence someday (likely in a breach of contract action against his former employer). His public meltdown was surely a high water mark for social media as a window into the real-time (can't look away) train wreck that is now Mr. Sheen's career. After all, he now has over three million Twitter followers, and for those who don't expressly follow his now infamous rants (“#winning”), other media outlets stand by to repost and re-tweet every scintillating proclamation.
For those who think that they'd prefer to have less Sheen in their daily diets, let's use his 15 minutes of ber-fame to examine the impact of social media on the traditionally e-mail-oriented electronic discovery process we've all come to know and love. As a starting point, it's important to recognize that social media is a delivery mechanism, but the content drives the entire downstream discovery and compliance-oriented tasks. While it's easy to say that content is king, it's still hard not to argue that things really are different with this new, highly dynamic form factor. On balance though, while the e-discovery and regulatory issues are fundamentally the same, the social media genre does genuinely pose a range of tactical and strategic discovery challenges.
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.