Tag Archives: DOJ

DOJ Corporate Criminal Enforcement Updates Shine a Spotlight on Texts and Instant Messaging Applications as Potential Evidence

By Edward J. Jacobs, David Choi and Csilla Boga-Lofaro on March 6, 2023 Posted in Alert

Teens in circle holding smart mobile phones - Multicultural young people using cellphones outside - Teenagers addicted to new technology concept

In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices. The memo made clear that the DOJ expects “all corporations with robust compliance programs [to] have effective policies governing the use of personal devices and third-party messaging platforms for corporate communications . … Continue Reading

Are You Facing the Prospect of a Merger Investigation?

By Jonathan Lewis, Gilbert S. Keteltas, Karin Scholz Jenson and James A. Sherer on May 12, 2014 Posted in TAR

Editor’s Note: This blog post is joint submission with BakerHostetler’s Antitrust Advocate blog. If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone else. What is TAR? TAR, a relatively new entrant into the … Continue Reading

DOJ Arrests Former BP Engineer on Charges of Deleting Text Messages in Violation of Multiple Legal Hold Instructions

By Gilbert S. Keteltas on April 24, 2012 Posted in Criminal, Spoliation

Today, the U.S. Department of Justice announced the arrest of a former BP engineer, Kurt Mix, on “charges of intentionally destroying evidence requested by federal criminal authorities investigating the April 20, 2010, Deepwater Horizon disaster.” Mix worked on BP’s efforts to stop the flow of oil at Deepwater Horizon and, according to DOJ, in that … Continue Reading

Is “double-deletion” of e-mail evidence of conspiracy, spoliation, or legitimate activity?

By Karin Scholz Jenson on April 20, 2012 Posted in Antitrust, The Sedona Conference

The recent e-book price fixing lawsuit brought by the U.S. Department of Justice against Apple and individual book publishers includes allegations that the publishers recognized the “illicit nature” of their communications because they “took steps to conceal their communications with one another, including instructions to ‘double delete’ email…” Conspiracy allegations aside, DOJ’s cloak-and-dagger allegations belie … Continue Reading