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Information governance (IG) has a wide range of varying definitions, depending on whom you ask. Some consider it to be an amorphous collection of policies that are difficult to translate into the real world. Others view it as a holistic strategy document, or a series of discrete, tactical projects that implement best practices in data security or storage optimization.
Organizations struggle with the notion of information governance for a variety of reasons. Some lack the executive support necessary to get programs off the ground, while others feel hampered from executing on small, tactical projects due to their legal or regulatory profile. Equally confusing is the purpose of IG ' whether it is intended to reduce storage costs, improve e-discovery or impact corporate risk and security.
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 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.
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.
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.
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.