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Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. The military even coined a now widely used term for this situation ' SNAFU ' with which many people are familiar, but maybe not of its origins or full meaning (see, http://en.wikipedia.org/wiki/SNAFU).
Scholars have created a more formal statement of the same law of human ' and machine ' nature: the law of unintended consequences. Best-selling author Stephen J. Dubner and economist Steven D. Levitt have discussed this behaviorial principle extensively in their books and New York Times columns (see, www.nytimes.com/2008/01/20/magazine/20wwln-freak-t.html?_r=2&ref=magazine&oref=slogin, and www.marginalrevolution.com/marginalrevolution/2008/01/the-law-of-unin.html).
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.