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For decades, legal industry leaders have pondered how to elevate the profession. Which problem to address first? The practice of law is a web of often complex, and even conflicting, rules. Attorneys continue to use antiquated practices, with only a daring few opting to embrace the full might of the digital age. As a community, the profession has garnered disdain by alienating its members, especially minority and other disadvantaged groups.
Due to COVID-19, technology forcefully penetrated the way we practice law including how we attend hearings. One of legal technology's best success story is how quickly and ably most law firms were able to make the transition. However, for some, remote appearances pose new challenges such as effective access to counsel, signal interruptions, authentication and privacy.
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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.
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.
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.
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.