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Parts one and two of this article delved deeply into the complex overlap and equally stark differences between the current state of both e-discovery and cybersecurity with the hypothesis that the history of e-discovery is a predictor of the future of the cybersecurity when it comes to the job market. Part two concluded by putting the history of ESI into chapters: 2000-2004, The Wild, Wild West; 2004-2008, Standardization and Stabilization; 2008, Depression; 2009-2011, New Tools, Rules & Schools; 2011-2013, Massive Maturation; and finally 2013-2016, Consolidation.
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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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.