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Searching for potentially relevant documents in a huge mass of electronically stored information ('ESI') is a lot like panning for gold. Before you can get the nuggets you're looking for, you'll need not only the right tools, but also the right process. Your sifting pan needs to have the right-sized holes ' not too large (or gold will slip through) and not too small (or you won't be able to sift out the sand).
And the company you hire to do the searching for you has to know what to look for and how to make the tools that they are given work ' so that the smaller, less obvious, pieces are not missed. Most important, you must know where to look for the gold in the first place.
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.
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.
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.
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.