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A Straightforward Methodology for Remediation Projects
Is your organization creating and accumulating mountains of information? If it is like most, the answer is yes. But in those mountains hides a mixture of content, including: important business records, information subject to legal holds or regulatory requirements, sensitive information (e.g., confidential, private, or trade secret), and outright junk. Remediation is an information governance (IG) process directed at bringing order to information and is a tool that can help you gain control over the undifferentiated mess.
At the Information Governance Initiative's (IGI) last IGI Boot Camp held at Relativity Fest, we explored the topic of remediation and published a short paper, “The Role of Remediation in Information Governance,” which sets out, among other points, an organizing principle, maturity model framework, and methodology for remediation. See , www.iginitiative.com/community. This article highlights some of the key points from that paper.
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.
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.
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.