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Ensuring Consistent Quality in Electronic Discovery
Electronic evidence is now so prevalent, it's no surprise that most litigation requires its collection and review. But, how do you know that you've collected everything you intended to harvest? How do you verify that what is going out the door to opposing counsel is enough to satisfy their demand, but isn't overbroad and an invitation for fishing? On that point, zoom out for an even more macrocosmic view and ask yourself how you can manage your vendors to ensure consistent quality over the long term.
Ultimately, it's the responsibility of the client representative, either a member of the corporate law department or a member of outside counsel's case team, to ensure the quality of the collection and processing effort. Don't assume that just because the evidence is digital, it doesn't need quality control to the same extent as paper. Electronic evidence is daunting and pushes most people's computer-phobia buttons, but the need for high-level, top-shelf, efficient and effective quality control (QC) in handling electronic evidence, in all matters, can't be ignored.
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.
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.