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Effectively Managing Duplicate Electronic Documents In Discovery
One of the most common and vexing challenges of e-discovery is that of duplicate documents.
And the problem is as old as it is widespread. Company archives have always contained duplicate records, and reviewers have long struggled to keep track of them during document review. In decades past, a reviewer may have encountered a paper document that had a duplicate somewhere else in the stack of boxes that comprised the document collection, but there was no easy way to know which box contained the duplicate. In large collections, where numerous revi-ewers would examine many boxes over the course of several weeks or months, it was virtually impossible to identify every duplicate document.
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.