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Every year-end article you read (and there will be a plethora) will include "unprecedented," or "unpredictable," or "unbelievable," or just plain "crazy." And they are all correct – 2020 was all those things and more. As the year closes and we begin a long-anticipated 2021, what lessons can be taken from the last nine months? And what does the now at least hopeful post-pandemic world look like for cybersecurity, privacy and e-discovery?
As we did last year, we teamed with our colleagues at LegalTech News to get the thoughts of those in the legal tech world. (Note: Some of the answers have been edited for length.) We looked at cybersecurity in the January issue, and in this issue, it's e-discovery's turn.
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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.
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 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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.