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Legal Tech: How Linguistics Can Help With Modern E-discovery
Lawyers are among the most accomplished professionals when it comes to the mastery of language. Lawyers are also notoriously slow adopters of new technologies that can significantly enhance the process of language analysis during the e-discovery process.
Machine learning/AI tools are sophisticated, but extremely useful platforms that apply advanced models to cull collections of documents, divide them into ranked sets from the most likely responsive to the least likely and make coding decisions that require quality control, but not necessarily a full-scale review. As machine learning and AI tools become more advanced, the complexity of how they work can be difficult for even the sharpest attorneys to understand.
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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.
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.