Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Intelligent e-Discovery Search Practices
As more documentation finds its way into an electronic format, companies must take into account the cost of producing and analyzing them in the discovery process. In particular, firms must address fundamental ways they conduct their pre-trial deliberations to remain in-step with recent judicial rulings and technological advances.
Ballooning sets of electronic files bring escalating costs as well as new priorities for managing them. There are two important metrics to keep in mind when factoring in the need for document analysis in your discovery review process:
1. More than 90% of all communications take place electronically (“Document (mis) Management,” Linda Kish, e-Discovery Law & Strategy, June 2005).
2. Up to 95% of all documents are likely not to be found relevant to the discovery request (“Let's Get Relevant,” Mike Kinnaman, e-Discovery Law & Strategy, June 2005).
With half or more of all legal funds in the U.S. spent on discovery costs, it's not hard to see why many law firms are re-evaluating their litigation management practices. They are concluding that:
- Document preservation is key to limiting one's potential exposure;
- Document analysis is not just some vogue way to package software, but a pragmatic response to growing e-discovery demands; and
- Without an alternative to the out-sourcing and reassembling of discovery documents, counsel must pay twice: 1) for document conversion, and 2) for a lengthy attorney review.
The View from the Court
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.