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Increasing Speed and Confidence in Second Request Responses with New Technologies
Responding to Hart-Scott-Rodino Act Requests for Additional Information and Documentary Materials (more commonly known as “Second Requests”) presents substantial challenges in assembling a comprehensive and complete production of requested information and documents from company archives. The schedule is always limited, and the results must always be defensible against government challenge that the Second Request response is inadequate. Moving Second Request document productions forward rapidly, without sacrificing quality, can determine the success of the transaction.
Recently, while helping a client complete its Second Request response, Baker & McKenzie deployed predictive coding technology. Predictive coding, or document prioritization, is a process by which, using direction from as few as one attorney reviewing documents, software is able to apply that direction across an entire corpus of documents, coding a large body of documents at a fraction of the time and cost of individual document review. Baker deployed this technology to leverage the knowledge of its legal team and to decrease the time required to select documents for production in response to a U.S. Department of Justice (DOJ) Second Request. Results of this work not only helped the client complete its transaction on schedule, but also provided a model for future work on similar projects.
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.