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e-Discovery And Inevitable Litigation
Electronic discovery in today's quickly changing litigation environment presents many new demands and dangers for counsel and risk management executives. Dire warnings are being issued about the consequences of e-discovery, and with good reason. In cases such as Zubulake v. UBS Warburg LLC, 2004 U.S. Dist. Lexis 13574 (S.D.N.Y) (Zubulake V), companies have been punished for failing, in the court's eyes, to preserve electronic evidence properly. The penalties range from the severe ' attorneys' fees ' to the extreme ' the entry of default judgment.
There are, however, steps you can take now ' before a lawsuit is filed ' that may improve your company's ability to preserve electronic evidence without unduly burdening day-to-day operations.
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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.
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.
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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.