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Mining Social Media Gold
The widespread use of social media has made it easier to gather evidence for many types of litigation, and the matrimonial field is no exception. The American Academy of Matrimonial Lawyers reported in 2010 that 81% of the top U.S. divorce attorneys it surveyed noted an increase in the use of evidence gathered from social networks, with Facebook being the most commonly cited source of valuable evidence. See “Big Surge in Social Networking Evidence Says Survey of Nation's Top Divorce Lawyers,” www.aaml.org/about-the-academy/press/press-releases/e-discovery/big-surge-social-networking-evidence-says-survey- (last accessed 4/25/11).
The value to litigants of checking an adverse party's social networking communications cannot be overlooked. Evidence found there may be admissible at trial, or may lead to admissible evidence. Lawyers, private investigators and litigants themselves may access others' social networking data under certain circumstances, but limitations apply. If information is going to be obtained from public and semi-private social media, counsel must make sure that it is gathered in a lawful and ethical manner.
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.