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Depositions: The Impact Of Electronic Discovery
These are exciting times in the legal technology realm. Advanced electronic-discovery software can revolutionize depositions. For the first time, attorneys taking a deposition can have the entire document set at their fingertips in real time. They can understand the documents in a case more completely, and be more flexible following up unanticipated answers by investigating new lines of inquiry during the deposition itself.
Depositions, as we know, are among the most valuable types of discovery. Although many of the questions and answers in a deposition will be predictable, a savvy litigator is attuned to unexpected answers that might lead to different lines of questioning, and, with those, to new information. Depositions are worthwhile precisely because they are unscripted and unpredictable: The most valuable information is often the most unexpected and unanticipated.
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.