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Less Is More in Database Discovery
In legal discovery, it is not uncommon to see production requests for a copy of an entire database instead of requests for targeted, relevant information.
For example, in the investigation of an age discrimination claim, a party may request a copy of an entire human resources database, instead of asking for specific data relevant to the claim. Many parties incorrectly assume that such broad requests facilitate more complete production and eliminate the risk of inadvertently failing to request a key piece of data. On the contrary, a full database production may actually omit important data because the database (which stores the data) works in concert with the application (which presents the data to users). In doing so, the application may derive and present data that the database does not need to bother storing.
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.