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e-Discovery
Formal project management is often viewed as a technical or administrative discipline. Paralegals, litigation support managers, IT technicians and certified project management professionals (PMPs) usually take on the bulk of the day-to-day, hands-on work. Yet, in today's highly litigious and regulatory environment in which in-house attorneys must oversee the many moving parts of e-discovery, being an effective project manager, with or without the official training, comes with the job. Without the proper guidance, e-discovery can become an expensive morass that exposes a company to great risk.
The larger factors that shape the e-discovery processes are complex and the case law and subsequent requirements are always evolving. In-house attorneys must actively set priorities and serve as the eyes and ears on each matter to maintain defensibility and ensure the best possible outcome for their company.
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.