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Truth, or Big Data Dare
With all of society's technological advancements, it is a bit shocking that there has only been ONE technology ever developed to sniff out lies. The polygraph, invented in 1921, has barely advanced since. In 2003, The Encyclopedia Britannica listed the polygraph as one of the greatest inventions in human history, describing it as having had “profound effects on human life for better or worse.”
As recently as 2013, the U.S. federal government was indicting individuals who stated that they were teaching methods on how to defeat a polygraph test. Seriously, does anyone else find this disturbing? It seems that as one of the most important inventions in history, the polygraph would have evolved at least once in 95 years? But no, even the U.S. government continues to defend this contraption rather than improve upon it.
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.