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Protecting Confidential Information Following FCC v. AT&T
In today's world of federal regulation, businesses constantly submit documents and information to the government. Whether it is financial information to the SEC, testing data to the FDA, pricing and inspection data to agencies contracting with businesses for goods and services, or the results of internal investigations to any one of a number of federal investigative agencies, businesses supply the government with information that can provide an intimate look into their inner workings.
Such information can be extremely valuable in product liability litigation, and indeed often can determine the outcome of a case. The more information a litigant has, the stronger its case will likely be. Consequently, plaintiffs are constantly looking for ways to obtain information both directly from corporate defendants and indirectly from other sources. Conversely, the better a business can control a plaintiff's access to information, the greater its opportunity to control and limit the scope of litigation. As such, companies must carefully consider what information they submit to the government and how they can limit what portion of that information is later released to the public. This has become increasingly difficult as the use by private litigants of the federal Freedom of Information Act has expanded and access to government documents has become increasingly easy. Further, a recent Supreme Court decision has reinforced the need for businesses to tread carefully in this potentially dangerous battleground.
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.