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Admissibility of Evidence Obtained From Facebook
Facebook is an extremely popular form of social media. (“Social media” as a term is relatively new, dating back only to 2004, and is generally considered to be a defined form of electronic communication.) After registering to use the site, a user can create a profile, post status updates, photos or videos, and exchange messages with other users. These posts will frequently consist of intimate details of their personal lives. Through privacy controls, these posts can be viewed by anyone accessing the user's site, or limited to the user's friends.
As a result of their nature, Facebook posts can be a veritable treasure trove of evidence usable at a trial, civil or criminal. Furthermore, they are accessible. A New York State Bar Association Ethics Opinion provides that it is permissible for an attorney to access an adversary party's public postings (see, NYSBA Opinion 843 (Sept. 2010); and New York courts have increasingly permitted access to a party's private postings upon a proper showing. See, e.g., Forman v. Henkin, 134 A.D.3d 1529 (1st Dept. 2015) (allowing discovery); compare, McCann v. Harleysville Ins. Co. of N.Y., 78 A.D.3d 1524, 1525 (4th Dept. 2010) (denying discovery).
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.
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.
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.