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How Employing e-Discovery Counsel Can Pay Dividends
e-Discovery issues are becoming increasingly more complex while associated review costs keep rising dramatically ' often threatening to overshadow the substantive issues of the litigation or investigation at hand. Because of this, more and more corporations are turning to a two-tiered model when it comes to new matters: one law firm (or separate group within the law firm) that will focus on preservation, collection and review; and a separate team of lawyers that will focus on the actual merits of the case. This model is proving to be cost-effective for e-discovery because efficient and repeatable practices can be implemented. In addition, this approach allows merits counsel to focus on what it is they do best ' handling the underlying complex substantive issues of the matter, rather than getting bogged down or distracted by what can often be a lengthy and technical process.
e-Discovery Counsel vs. Merits Counsel
The DOJ's Corporate Enforcement Policy: One Year Later
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
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 DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
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.