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Less Is More: The Risks of Excessive Data Collection from Mobile Devices
At virtually every organization, work is now spread out across phone calls, texts, emails, third-party messaging apps, and productivity tools on personal devices. Smartphones have, in many ways, become the nucleus of professional life. As a result, companies face the critical challenge of managing this new activity center and the vast amounts of company data flowing through it.
The U.S. Department of Justice recently declared that companies are officially responsible for all business-related data on personal devices, regardless of whether it's a company-issued device or a bring-your-own-device (BYOD). Failure to properly preserve required data for an investigation can lead to significant legal trouble and nine-figure fines. In their rush to comply, however, many companies and their legal teams are overcorrecting by over-collecting data, exposing themselves to even more risks.
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.
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.