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Going Green
According to the International Legal Technology Association (“ILTA”), more than 60% of business-critical information is stored in messaging systems. In addition, Network World (www.networkworld.com) reports that the use of electronic communications alone, such as e-mail, is increasing 20% per year. With the explosive increase of electronic records and information being created, law firms are facing the challenge of transitioning from using physical records to working with digital ones.
All organizations, including law firms, struggle with records management and how to handle electronic records. Organizations have underestimated the effect that e-mail would have on how business is conducted and how law firms communicate with each other and with clients. In addition, document production and retention is a major issue at law firms that historically produce massive amounts of paper documents. Many firms are beginning to save documents digitally, which helps them become more environmentally friendly.
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.