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e-Discovery Cost Burdens Are In Flux
Companies can easily incur millions of dollars to recover and search backup computer tapes, and other computer media, to respond to an e-discovery request. A responding company can try to shift these costs onto the requesting party, but that has become harder. The trend of court rulings over the last few years has been to require the producing party to pay the lion's share of the e-discovery costs.
A recent federal court ruling bucks that trend. The decision by a federal magistrate judge in Chicago shows how a producing party can, under certain circumstances, shift most of the burden of paying for e-discovery to the requesting party.
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.