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<i>E-Discovery:</i> Streamlining the Admissibility of ESI: Amendments to Federal Rule of Evidence 902
Generally speaking, the Federal Rules of Evidence require evidence to be authenticated before it can be admitted. Typically evidence is authenticated by some form of extrinsic proof sufficient to support a finding that the evidence is what the proponent claims it is. Often that proof comes in the form of a witness who can verify the evidence through testimony.
Federal Rule of Evidence 902 sets out various types of evidence that are “self-authenticating” — evidence that needs no extrinsic proof of authenticity to be admitted. Examples of self-authenticating evidence include: public documents and records that are sealed, signed or otherwise certified; official publications; newspapers and periodicals; and certain types of certified business records.
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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
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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.