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Looking Inside the Firm
Responding to various client demands (faster turnaround and lower costs among them) and a mandate to improve internal realization rate, many firms have begun to seek ways to make better use of their existing stores of documents. These initiatives are broadly lumped under the term 'knowledge management.' Not long ago, knowledge management was the domain of a few attorneys who understood the value of maintaining precedent or form files. (See, Knowledge Management and Portal Technologies.) It saw its broadest (and perhaps most aggravating) incarnation in firm-wide e-mails, in which an individual attorney might request information on a given topic from his or her peers.
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.
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.
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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.