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Social Media Data Preservation
Social media is no longer a new phenomenon. Yet, the development of business rules governing the long-term retention of social media content in the ordinary course of business as well as the legal precedent governing the preservation of social media for litigation remain in their infancy. (For convenience, we will refer to the concept of saving social media for both purposes as “preservation.”) Businesses are only now beginning to explore the value and need to retain their social media interactions. Courts are likewise just starting to assess the interplay of privacy rights and regulatory laws, authentication of social media data, the waiver of privileges, and issues related to the preservation and collection of social media. See, Romano v. Steelcase, Inc., 2010 WL 3703242 (N.Y. Sup. Ct. Sept. 21, 2010) (privacy); EEOC v. Simply Storage Management LLC, 270 F.R.D. 430 (S.D. Ind. 2010) (privacy); Cripsin v. Christian Audigier, Inc., 717 F.Supp.2d 965 (C.D. Cal. 2010) (regulatory laws); Lorraine v. Markel American Insurance Co., 241 F.R.D. 534 (D. Md. 2007) (authentication); Griffin v. State of Maryland, 419 Md. 343 (Md. 2011) (authentication); Ledbetter v. Wal-Mart Stores, 2009 WL 1067018 (D. Colo. Apr. 21, 2009) (waiver); Tener v. Cremer, 2011 N.Y. slip op. 6543 (N.Y. App. Div. Sept. 22, 2011) (accessibility).
The emerging requirements for preservation solutions have created a two-fold need: identifying process solutions and the technology to support them. Fortunately, the market has seen growth in offerings aimed at meeting social media preservation strategies. This article explores some of these developments and provides a set of basic considerations to evaluate when assessing the technology.
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.