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AccessData's Summation 6.0
It's understood that the “discovery wars” have long been far more than litigation maneuvering by both sides in a case. The discovery process is sometimes used by litigants to overwhelm adversaries, drive up the time and expense required to see a lawsuit through to trial, and thereby extract concessions or settlement. Even without intention, the volume and complexity of electronically stored information pertinent to litigation results in cost burdens that affect substantive decisions in a case.
There are a couple developments underway in the legal profession that have the potential to push back on these discovery wars. First, the recent changes to the Federal Rules of Civil Procedure (FRCP) governing e-discovery ' such as proportionality requirements ' are designed to reduce the scope of e-discovery that courts were previously inclined to allow. And second, emerging technology solutions are leveling the playing field a bit, enabling law firms of all sizes to better manage e-discovery in a way that is more efficient and affordable than ever before.
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.