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My firm, based in Newport Beach, CA, specializes in bankruptcy and creditors' rights. As part of its practice, the firm regularly pursues and defends insolvency-related litigation in the federal courts. This kind of financial litigation is inherently document-intensive ' often involving thousands of documents that must be reviewed, identified and scanned during the discovery process.
Twenty years ago, I would spend days wading through hundreds of boxes in hot, dusty warehouses and storage rooms, trying to piece together the documentary evidence necessary to support or defeat the claims involved in the litigation contest. Once the documents were culled from this source, each document would then be logged and photocopied for trial.
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.
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.
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.
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.