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Statistical Sampling
The focus on proportionality in high-profile cases such as Apple v. Samsung (N.D. Cal. Aug. 14, 2013), coupled with the recent proposed amendments to the Federal Rules of Civil Procedure (FRCP) are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.
The proposed changes to the FRCP focus on proportionality, putting the burden on counsel to both maintain proportionality and ensure the thoroughness of an e-discovery effort. Statistical sampling, while not necessarily new, is emerging as a reliable method for addressing the new e-discovery standards the courts may soon be enforcing.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
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.
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.