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2004 e-Discovery Rulings Recap
The courts in 2004 issued a plethora of important rulings on e-discovery, most of which were not good for businesses. The rulings generally require companies to make greater efforts to protect potentially discoverable records, allow these records to be more easily obtained through discovery, and restrict the format in which these records must be produced.
Several of the year's most important court decisions concerned the use of records-retention policies in the face of potential lawsuits. The traditional rule was that a company that reasonably expects to be involved in a litigation could nevertheless allow records relating to that potential litigation to be destroyed pursuant to a properly adopted records-retention policy. See, Stevenson v. Union Pacific R.R. Co., 354 F. 3d 739 (8th Cir. 2004); Thompson v. HUD, 219 F.R.D. 93 (D. Md. 2003).
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.