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Lotus Platform Presents Unique Challenges In e-Discovery
Imagine you have a case in which you have to collect, process and produce data from Lotus Notes'. You may think to yourself: “Lotus Notes ' that's e-mail, right? And my processing software or e-discovery vendor handles e-mail so no problem, right?” Well, not necessarily. Lotus Notes is most commonly known as an e-mail and calendaring application often compared with Microsoft Exchange. However, Lotus Notes can be much more than just e-mail. The collection of Lotus-based data requires a carefully considered approach that can present interesting e-discovery challenges.
Amersham Biosciences Corp. v. PerkinElmer, Inc., 2007 WL 329290 (D.N.J. Jan. 31, 2007), demonstrates the problems that Lotus applications can present during e-discovery. In this case, the plaintiff inadvertently produced over 500 privileged e-mails that it thought had been deleted from a DVD that contained Lotus Notes data. The privileged e-mails had been segregated into subfolders, and these subfolders were deleted prior to submitting the DVD to a vendor for processing. Amersham blamed the inadvertent production on how Lotus Notes stores data ' in Lotus Notes, even when e-mails are moved into a separate folder and that folder is deleted, a copy remains in the larger database structure. When the plaintiff's vendor converted the e-mails from the native format into single-page images, the privileged e-mails that were supposedly deleted were instead mistakenly produced to the defendant.
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.