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Electronic Discovery in Construction Disputes
From bidding to design to construction management, the use of computer-driven technology and tools for the construction of office, industrial and retail space has exploded in the construction industry. Historically, construction disputes have always been document-intensive because they involve multiple parties, facts developing over one or more construction and design seasons, and thousands of documents spread among property managers, landlords, tenants, developers, architects, engineers, general contractors, subcontractors and suppliers.
Construction firms are now turning to tablet devices and related applications to develop and manage construction projects. See Erin Joyce, Make Way for App Builders, Engineering News-Record, Dec. 5, 2011, at 30. Rapid communication among remote industry segments now takes place over PDA devices and web conferences rather than in person. See Luke Abaffy, Millennials Bring New Attitudes, Engineering News-Record, Feb. 28, 2011, at 22. Advanced design modeling systems, such as building information modeling, is now widely used to identify construction challenges before the office, industrial or retail project hits the ground. See The Case for Investing in 3-D Modeling, Illuminations, Fall 2011.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."