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Laying a Foundation for Integrated e-Discovery Systems
Typically, the production of data in litigation involves a series of disconnected actions involving several corporate or cloud-based systems. These disassociated e-discovery activities ' identify, preserve, collect, and track (IPCT), and then feed into a downstream set of processing, review, and production (PRP) steps often hosted outside the corporate firewall. Fortunately, technology advances are helping counsel and client alike to integrate systems and streamline processes both inside and across the firewall. These improvements generate real advantages in risk reduction, time and cost efficiencies, and case strategy.
While the electronic discovery reference model (EDRM, as shown in Figure 1, below) defines the different steps in the e-discovery process, e-discovery in itself is not a linear process. For example, when interviewing custodians as part of the legal hold process, it is common to find other custodians or related data that may be relevant to the matter. An integrated e-discovery process allows legal teams to go back, preserve, analyze and collect data as information is uncovered through the interview process without having to rework steps already taken.
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.