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Navigating Custody and Control: Ownership of Smartphone Data and Enforcement of Usage Policies
Today, there are over 6.92 billion smartphone users in the world, 280.54 million of whom are in the US. Nearly 100% of adults use smartphones every day, and not just to communicate with their family and friends. They are also using smartphones in their professional lives, to interact with customers, vendors, and colleagues in a business context. And why not? Nearly every work-related platform can be routed through a single device: email, calls, Slack, Zoom, WhatsApp, productivity tools, and so on. Smartphones offer a streamlined hub for employees to do their jobs, from anywhere — so it's hardly surprising they are the preferred method of communication.
And why wouldn't companies let work trickle over into these devices? After all, smartphones unlock welcome efficiencies and productivity boosts, since work can continue outside of the office. And until very recently, employers have had little incentive to stop it; US law has been slow to catch up to modern communication practices, particularly when it comes to managing business-related data on personal devices and ephemeral apps (like WhatsApp). In investigations and legal proceedings involving businesses, electronic evidence has largely been limited to phone calls, emails, internal messaging platforms, and other more typical work surfaces.
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.
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.
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.