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New Data Types in the App Age
Today's knowledge workers create information at a breathtaking rate. Email, documents, video, audio, chats and collaboration platforms are all part of the standard kit for today's mobile workforce. And while the threat of “big data” — massive amounts of data inside an organization — has cast a shadow over IT and legal departments for several years, the real challenge can often be the variety. It's why we believe the real challenge is less about “big data” and more about “new data types” — that quickly defeat traditional collection and review tools and strategies.
It would be challenging enough if organizations only had to get their digital hands and policies around the more common enterprise applications, such as Microsoft's Office 365 (with 70 million monthly active users and growing) and G Suite from Google (adopted by more than 60% of the Fortune 500). But it is the explosion in cloud-based applications that creates the biggest headaches — and greatest vulnerabilities — for today's IT teams. Whether Slack, Trello, Box, Dropbox or Evernote, potentially discoverable data is being produced and stored in a dizzying array of applications. And the next “big-thing” app — that no one has heard of, but everyone will be using in six months — is just getting started today.
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.