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New Approaches for Defensible Early Case Assessment and Data Culling
Early case assessment (ECA), data culling and e-discovery costs are some of the most widely discussed topics in the legal industry. Yet, the methodologies of how to implement effective ECA and data culling, what's entailed and when implementation should begin, are extremely inconsistent. Traditionally, ECA and data culling are treated as isolated, linear steps in the e-discovery process. In reality, they are multi-tiered practices comprising several interconnected tasks that, when done correctly, streamline all phases of e-discovery. Plain and simple, ECA is a dynamic process. If utilized correctly, ECA can help legal teams understand their case and dramatically reduce litigation costs.
There are numerous aspects of how to initiate ECA. A primary factor entails proactively interacting with the potentially relevant evidence before official document review. At the outset of a matter, ECA provides visibility into electronically stored information (ESI), helping legal teams determine the scope, risks and costs of the pending action. The traditional approach for ECA has been to collect all potentially relevant ESI at the outset of a matter before analyzing its relevance. While this approach can aid in early evidence preservation, it is fraught with inefficiency since a high percentage of the collected data, such as duplicate documents and irrelevant system files, is typically not responsive to a matter.
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.