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Chaotic Case-by-Case Project Management
“Human decision-making is complex. On our own, our tendency to yield short-term temptations, and even to addictions, may be too strong for our rational, long-term planning. ” ' Peter Singer
The legal industry should pay attention to Singer's words of caution. Across the nation, there exists a relatively untested notion that the only approach to e-discovery is case-by-case ' that every unique case requires an equally unique approach to discovery. While this phenomenon is a natural component of any industry seeking standardization, the unfortunate byproduct can be seen when organizations incur great costs to marry pre-existing on-premise solutions with whatever contracted-for solution is required to react to the case that came down the pipe today.
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.
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 ...."