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Digital Dictation Is Simplifying How Lawyers Work
Before the arrival of word processing, typing legal letters and documents was a time-consuming and frustrating task. Every change generally meant retyping an entire page or even an entire document, and a letter could be retyped a half dozen times before it was fit to leave the office.
For lawyers who dictate their work to tape cassettes, dictation has many of the same frustrations. Once the lawyer has finished dictating, the words are fixed in place. She cannot move words around on the tape or drop in new paragraphs. If it's a big job, the lawyer cannot expedite the transcription by simply slicing the tape into two or three segments, and assigning those to separate typists. If he accidentally erases important material, there is no “undo” button to bring it back; and if the tape is lost, there's no back-up server from which it can be recovered.
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.