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As social media and mobile devices and apps (“social-mobile”) continue to proliferate in the corporate enterprise, and e-commerce firms rely evermore on these technologies to assist promotion and sales, these forms of collaboration and information-sharing are putting a new spin on compliance issues.
A tidal wave of publications and seminars has proliferated of late that address many of these issues. Topics range from preventing trade secrets from leaking on Facebook to the ethics of monitoring current and potential employees in and out of the workplace.
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.