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Easy-to-Use Collection Technology Leads to Lower e-Discovery Costs
Corporate legal departments today are feeling the squeeze. The proliferation of discoverable data stored in far-flung locations and on all sorts of personal mobile devices complicates the e-discovery process. Even the first preservation step of identifying all the potential custodians and their data sources is more involved now, with data being stored on document collaboration sites, e-mail servers and social media in the cloud. Compounding this challenge is the increasing pressure corporate legal teams feel to be accountable for their department's litigation spend.
Corporate legal departments are all about cost control and efficient processes, yet when hit with a new investigation or lawsuit, legal teams often reflexively fall back on the “collect everything” mentality. The emergence of targeted and remote collection technologies now makes it possible for corporations to collect in a legally defensible way that reduces cost and minimizes business disruption. One key is to be sure that the collections process is tightly linked with a highly defensible legal hold notification process and preservation best practices. With the right technology and a targeted approach to collections, corporations can collect electronically stored information (ESI) confidently and affordably.
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.