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Preparing Temporary Attorneys For An Online Repository Review
With the deadline for a proposed merger fast approaching, a large technology company began the process of securing regulatory approval from the Federal Trade Commission (FTC). The company, under a tight production timeframe, was faced with producing documents to the FTC in only a few weeks. The FTC had requested data from 150 key custodians ' which totaled a document universe of more than 120 million e-mail and file pages. After collecting, filtering and processing the data with the assistance of an electronic evidence expert, the company was faced with the prospect of reviewing about 21 million pages of potentially responsive data. To complete the review in the allotted time, the company determined that it needed to hire and train a large team of temporary and contract attorneys, who would work under the supervision of outside counsel, to review the documents in an online document repository.
This scenario is faced routinely today by in-house and outside counsel called on to train a team of attorneys in relation to a regulatory investigation or litigation. Training large document-review teams to consistently apply specified review criteria to millions of pages of often mind-numbingly dull documents has long been a challenge for counsel. The time- and cost-savings offered by online review tools, along with the enhanced automated quality control features of such tools, have made electronic review an increasingly compelling option for large-scale, time-pressured document reviews. While electronic-document review projects have become more common in the last few years, setting up the project and training attorneys in preparation for review remains challanging.
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.