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Big Data and Regulation
Big data has taken the world by storm. From its origins as a technical solution for Internet search engines and online retail sales, it has spread across business, science and now government. Big data tools have shown extraordinary power to quickly sort and analyze data, both structured and unstructured. Ultimately, the power of big data resides in its ability to identify signals or patterns in vast data sets.
Historically, regulators have been information rich and resource poor. Information was available to them from disclosure documents, registration statements, visiting firms and multiple other sources. But unfortunately, the regulators often lacked the resources to sort through it all to understand what it meant. Now, big data analytics are changing the game. Recent developments at the examination program of the U.S. Securities and Exchange Commission (SEC) are a case in point.
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.
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.