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Backup Protection and Continuity Keep Firms Running
While sometimes downplayed, it's hard to ignore the importance of e-mail backup to businesses large and small. In the aftermath of Hurricane Katrina, Gulf Coast law firms that had e-mail backup systems in place prior to the storm were back in business in a matter of hours, while those that did not waited weeks and sometimes months to get their firms up and running. Hundreds of thousands of dollars of billable hours were lost due to the time spent waiting to retrieve e-mail archives and documents.
Firms of every size and in every geographic area must protect their electronic data and be prepared for potential IT disasters. The possibility of disruptions through SPAM and e-mail outages is surprisingly high:
- e-Mail SPAM accounts for more than 85% of all e-mail traffic (MX Logic).
- Fifty-five percent of all companies will experience an e-mail outage greater than four times annually (Industry Reports).
To Outsource or Not to Outsource
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.