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New Strategies for Remote Backup Replication and Disaster Recovery
Most large and mid-sized law firms today have disaster recovery plans in place. But are the plans realistic? Do they truly meet the needs of the organization? Do they really bring to the project the full range of options that are available to sophisticated providers of legal services? These questions are of paramount importance for those managing a disaster recovery (“DR”) plan, since the potential of natural disasters or terrorist threats is becoming an increasingly bigger concern for businesses to face.
Two key components of a modern DR plan are backup and replication. DR projects, like any other undertaken by an IT department, compete with other projects on a firm's information technology to-do list. Replication used to be something that was dependent upon resources unavailable to many firms, such as backup or secondary data centers. However, such a project can become more feasible for the small and mid-sized firm by renting space for its hardware at a network services provider. Other advances have occurred in software that enable smaller and mid-sized firms to leverage their internal resources to create far more robust plans than previously possible.
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.