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Using Social Media Content to Defend Employment-Related Lawsuits
For much of America, exposure to some type of social media is a part of everyday life. Fifty-seven percent of all American adults use Facebook ' the most preferred social networking site (or SNS) ' and 52% of Internet users who do not use Facebook live with someone who does. Sixty-four percent of Facebook users visit the site on a daily basis. Reasons for such use include viewing photos or videos, sharing things with many people at once, receiving support from people in their network, getting feedback on content they have posted, and keeping up with news and current events. (See, “6 New Facts About Facebook,” Feb. 3, 2014; Pew Research Center, “Social Media Update 2013,” Dec. 30, 2013.)
Because social media is a major vehicle for interacting with the world and exchanging information, it is no surprise that such a ubiquitous aspect of American culture would contain information relevant to litigation. It is therefore important that attorneys be able to recognize when and how social media content may provide valuable evidence in a case. Indeed, the Model Rules of Professional Responsibility suggest it is an attorney's obligation to become familiar with social media technology and the benefits and risks of its use. See, Model Rules of Prof'l Conduct Rule 1.1 cmt. This article looks at how to request social media content in discovery as well how best to preserve and collect such content in the context of employment litigation.
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.