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Geotracking and e-Discovery
Do you consider yourself stealth-like? Hard to predict? An international person of mystery? Many of us would like to believe we are not creatures of habit, and that we can avoid the prying eyes of the world. However, technology is making our moves more apparent to those around us. Today's technology business is all about gathering information about the end-user. What are your habits? What things do you like? What places do you frequent?
At this very moment, someone is “checking in” on Facebook, telling all her friends where to find her. Someone else is using his iPhone as a GPS to navigate to an unknown location, perhaps leveraging Google maps, which now exposes specific office, store or restroom locations inside of buildings (see, www.wired.com/gadgetlab/tag/indoor-mapping). All of this geotracking information is being stored ' in an easily accessible format, no less ' and is available long after it disappears from a user's screen. This article explores the ways in which geotracking data can be created, potential issues associated with this information, and how it might all relate to e-discovery, including how long the information is stored, whether it is discoverable and how or whether it can be used in a case.
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.