Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Legal Tech: e-Discovery: Judge Says 'NO' to Party's Bid to Force Use of Predictive Coding
Predictive coding, the use of computer algorithms and machine learning as part of document review, has been billed as the next generation of technology in e-discovery. For years, e-discovery service providers — along with some jurists and e-discovery industry veterans — have sung its praises as, at minimum, a complement to the standard document review process, and possibly as a replacement for it.
In reality, there is no one-size-fits-all solution for managing e-discovery. In many situations, the use of advanced technology, perhaps even predictive coding, may enhance the speed, efficiency, and quality of review of electronically stored information (ESI). In many others, it will not. Questions loom as to when and how best to leverage advanced technology and, with respect to predictive coding, its cost, effectiveness, and level of acceptance by parties and judges.
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.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."