Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
e-Discovery In An Information Governance World
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Although this focus may be novel for e-discovery specialists, the management of corporate information at an enterprise level is far from new; in fact, organizations of all sizes have been employing strategies to deal with data management well before electronically stored information (ESI) subsumed its hardcopy counterparts. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance. e-Discovery actually relies on effective information governance policies for trouble-free collection, processing and production.
In the widely used Electronic Discovery Reference Model (EDRM), the far left step has always been information management. The EDRM assumes that an organization involved in e-discovery has implemented at least minimal information governance principles, and has created its own Information Governance Reference Model (IGRM) framework to help clarify these principles.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.