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DOJ Unveils New Policies to Incentivize Responsible Corporate Citizenship and Deter Wrongdoing

On September 15, 2022, before an audience at NYU School of Law that included the Director of the SEC’s Enforcement Division Gurbir Grewal, U.S. Attorneys for the Southern District of New York and District of New Jersey, and several line prosecutors, Deputy Attorney General Lisa O. Monaco announced important changes to corporate criminal enforcement. These changes are the result of ongoing study by the DOJ’s Corporate Crime Advisory Group, a group of DOJ experts tasked with a review of corporate enforcement efforts, which Monaco first publicized last October. During her most recent remarks, Monaco emphasized that the DOJ will implement a combination of incentives and deterrents to “make the business case for responsible corporate behavior” and shift the burden of corporate financial penalties away from shareholders. The Department also released an accompanying memorandum further describing the changes. Monaco’s remarks make clear that the DOJ is taking concrete steps to accompany the more aggressive prosecutorial stance against corporate crime that it adopted last October.

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Amended Federal Rules of Civil Procedure Focus On E-Discovery


Time to Read: 1 minutes Practices: Litigation

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On December 1, 2006, amendments to the Federal Rules of Civil Procedure relating to pretrial discovery of electronic documents and data will go into effect. These rules codify obligations of parties and recipients of subpoenas in federal lawsuits to identify, preserve, and produce electronically stored information. In addition, they require parties at the outset of a case to confer about electronic discovery, develop a production plan, and bring to the court’s attention any unresolved issues relating to the preservation or production of electronically stored information. The rules also address two concerns that arise particularly in connection with electronic discovery: inadvertent production of privileged information and inadvertent destruction of relevant information. As a result of the new rules, companies will need to understand their information systems thoroughly and be in a position to educate outside counsel promptly about them when, if not before, litigation commences.

Click "Download PDF" for more information about the rules’ changes and their practical implication.

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