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Social Media: Questions of Admissibility and Ethics
Attorneys gather and use information to represent their clients and, increasingly, a significant amount of this information is available via the Internet, including through social media.
In 2013, a larger than before number of the lawyers who responded to the annual ABA Technology Survey reported that they are participating in social media in both their personal and professional lives. The survey results indicate that approximately 80% of lawyers maintain an online presence for professional reasons, and 94% use social media for personal reasons. Law firms and individual lawyers have websites that link to blogs, Twitter and Facebook accounts. The legal profession is employing social media to advertise, and gather information about clients, potential clients, opposing parties, witnesses, jurors and judges. Transactional lawyers are using social media when conducting due diligence. And yes, lawyers are sharing aspects of their personal lives — their opinions, vacation photos, birthday greeting and even their “likes” — with all of their “friends.”
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 ...."