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The use of voice mail as a business tool has grown dramatically in recent years, and the development of digital recording and storage technology likely will make such records as permanent and accessible as e-mail. So, it's logical to believe that digital voice mail may be the next battlefront in the e-discovery wars.
The Federal Rules of Civil Procedure have long recognized that “data compilations,” including data in electronic form, are discoverable. See, Fed R. Civ. P. 34 (defining “documents” subject to discovery); see, Id., Advisory Committee Notes (1970). Since the amendment of the federal rules in 1970, courts have allowed discovery of electronic communications and computer-stored documents. According to that broad definition, voice mail is potentially discoverable.
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.
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 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.