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Over the past decade a lot of effort and debate has gone into answering the question: How do we reduce the amount of data we need to review related to the production of documents? Solutions have focused on reviewing documents to produce, while incoming productions have been largely ignored.
Incoming productions are increasingly becoming a burden due to accelerated dockets, larger volumes and clients' reduced budgets. Furthermore, agreements between counsel to produce documents responsive to stipulated (usually overly broad) keywords shift the burden to the receiving party to separate the proverbial wheat from the chaff. When a production has been made without a review of the documents for relevancy, the density of relevant material can be quite low and the exercise to uncover it time-consuming and expensive.
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.
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.
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 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.