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Legal Tech: Spring 2020 E-Discovery and Privacy Case Review
The first quarter of 2020 saw the first of what promises to be many cases involving new privacy laws — including the EU's General Data Protection Regulation (GDPR) making its way into a U.S. e-discovery dispute. Heading into the year, a majority of Legal Departments suspected that e-discovery would become more complex with the launch of the U.S.'s California Consumer Privacy Act (CCPA), but polling shows that a majority of global organizations are still struggling to comply with the GDPR — which launched more than two years ago. With that in mind, this quarter's review will take a look at data in three formats: text messages, paper records and overseas email disputes.
Requests for Text Messages Must Be Narrowly Tailored
Lawson v. Love's Travel Stops & Country Stores, Inc. M.D. Penn Jan. 9, 2020
With a continued focus on requesting text messages during discovery, courts are asking parties to narrowly define their requests.
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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.
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.