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The Evolution of e-Discovery
When Charles Darwin first presented his theory of evolution in 1858, he had no idea it would make the impact it has across so many different fields. His name has become synonymous with forward-thinking innovation: witness the 1991 Darwin asteroid, the Darwin 4078 video game, and the Unix base for Apple's Mac OS X operating system called “Darwin.” His influence is everywhere, and can even be seen in the field of electronic discovery, where individuals and businesses have needed to continually adapt to a rapidly changing environment in order to survive.
What started as simply coding data from hard copy correspondence into a database for attorneys to search by keywords or to sort by dates has widened to encompass areas like forensics, information governance, concept searching and analytics, content management and trial graphics. Indeed, e-discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.