By: David A. Holley
The now historic National Football League (“NFL”) scandal involving the inflation levels of the footballs used by the New England Patriots during the 2014 AFC Championship Game – “Deflategate” – attracted national attention and filled countless hours of debate amongst friends, colleagues and perfect strangers. While early watercooler discussions centered on the intersection of weather, science and professional football, later dialog had been around more nuanced legal issues, such as the interpretation of collective bargaining agreements, tampering with or destroying evidence, and the role of judges in reviewing, what was essentially an arbitration ruling.
Continue reading The Importance of Independence in Internal Investigations: Deflategate
In Westlaw Journal White Collar Crime 30:5, Douglas Small and Drew Hauge write about compliance, enforcement, and regulation related to growing risks to domestic investor confidence.
Read the full article.
By: David A. Holley
In December, I wrote here about the New York State Department of Financial Services’ (DFS) proposed regulation, Part 504 of the DFS Superintendent’s Regulations, to bolster regulated financial institutions’ abilities to combat terror financing and money laundering. The proposed rule provides, among other things, minimum guidelines for institutions’ transaction monitoring and sanctions interdiction programs. In addition, the regulation has a Sarbanes-Oxley–like component requiring the chief compliance officer (CCO) or functional equivalent to submit a yearly certification attesting that the firm is compliant with the new regulation.
Continue reading Mitigating the Peril of the Chief Compliance Officer
Adam Cohen writes about amendments to the Federal Rules of Civil Procedure, electronically stored information, and recent eDiscovery spoliation sanctions cases.
Read the article (subscription required).
Antonio Rega discusses potential eDiscovery risks and new data sources. Read the Q&A.
For more information, read the webcast companion.
Creating a process for preserving and collecting new data types takes a collaborative effort among numerous teams throughout IT, Legal, and HR. With the right people and process, your E-Discovery collection activities can quickly adapt to include new data sources.
Continue reading Defensible Preservation/Collection of New Data Types