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ESI Technologies
In the world of e-discovery, we frequently become caught up in “latest and greatest” cutting edge technologies, often forgoing the previous. It wasn't that long ago when early case assessment (ECA) tools were all the rage. Practitioners were discussing how removing large swaths of data from a document data universe could provide enormous cost savings, as well as provide greater insight leading to more transparent project scoping and budgeting. As many of us were settling on technology platforms and forming case strategies and protocols utilizing ECA software, predictive coding (PC) and technology assisted review (TAR) software entered the market. The latter almost too quickly seemed to replace the former. The fact is, both technologies used on their own can provide great benefit, however, they should not be considered mutually exclusive. The advantages of creating an ESI strategy that includes the use of each, ECA and PC or TAR has numerous benefits that should not be overlooked.
In With the New
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.