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Best Practices for Preserving and Collecting Hyperlinked Files In E-Discovery
As legal and compliance teams adopt cloud-based collaboration tools like Microsoft 365, Google Workspace and Slack, they are unlocking unprecedented efficiency and flexibility in managing information. However, this evolution has also introduced a significant new layer of complexity, particularly concerning e-discovery. Hyperlinked files, unlike traditional email attachments, are dynamic versions of themselves, so it is as if they evolve in motion. Often stored externally from the collaboration platform, they represent a fundamental shift in how organizations manage and secure evidence for legal cases.
Failure to address these challenges could lead to severe consequences, including regulatory violations, spoliation claims and incomplete productions. For example, regulations such as the Federal Rules of Civil Procedure (FRCP), General Data Protection Regulation (GDPR) and SEC Rule 17a-4 set high standards for defensible data management. Unfortunately, hyperlinked files often lack the visibility and control those traditional attachments offer legal teams.
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.
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.
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.