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Uniting Legal, IT and Records Management
When organizations discuss electronically stored information (ESI), it almost always revolves around three core groups: legal and/or compliance; records management; and, of course, IT. These individuals are the lucky few whose daily routines center on the management of that information. Despite the fact that they all are responsible for important business functions associated with this data, they are seldom on the same page. How do we communicate and collaborate better to ensure we all get along when it comes to better information management and e-discovery processes?
Part of the reason e-discovery is challenging is due to its ad-hoc nature. Requests routinely arise without prior warning and, in many organizations, personnel dedicated to performing e-discovery are a luxury. Consequently, when a request arises, it can become a major interruption that delays or adversely impacts other planned projects. Whether the need to search for ESI is being created by a pending litigation, Freedom of Information Act request (FOIA) or some other directive, the process is frequently time sensitive and often onerous, which makes the importance of a team even greater.
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.