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The Sending and Receipt of Metadata
Metadata is everywhere ' in the overwhelming majority of electronically created documents and files. Distinct ethical and legal considerations and duties arise for in-house and for their company's outside counsel, both when sending and receiving electronic documents or files containing metadata. Further, those considerations and duties for in-house counsel and his/her company's outside counsel often differ and/or are dependent upon whether the transmission or receipt of metadata occurs in the context of: 1) discovery (i.e., productions pursuant to a discovery request or subpoena); or 2) non-discovery communications. The sections that follow provide an overview of the ethical and legal considerations in both of those contexts with respect to both the sending and receipt of metadata by in-house counsel and the company's outside counsel.
What Is Metadata?
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.
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.
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.
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.
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.