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Federal Judges Survey Says '
Twenty years ago, few lawyers would have thought the notion of legal competency would come to include understanding and advising on technical issues surrounding the discovery of electronic information. In today's digital age, however, lawyers must be both legally and technically savvy to competently represent their clients. While this might sound like common sense, the reality playing out in today's courtrooms is that many lawyers are struggling to adequately advise their clients on e-discovery issues.
This reality was highlighted in a new survey published by Exterro in February, “Federal Judges Survey: E-Discovery Best Practices and Trends.” In the survey, we collected responses from 22 of the most influential and well-versed federal judges on e-discovery issues. The results and associated comments provide a stark view into the judiciary's views on e-discovery competency, e-discovery trends to be aware of in the future and the need for attorneys to improve their e-discovery acumen.
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.