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By now, most corporations and law firms understand the complexities and realities of eDiscovery, and many organizations are re-examining their e-discovery processes and tools to gain efficiencies and reduce costs across the Electronic Data Reference Model (EDRM). With more options than ever before, litigation support professionals, lawyers and IT staff are grappling with these questions:
e-Discovery is constantly evolving, and if organizations are standing still, they are losing ground. To take the pulse of the market, Kroll Ontrack collaborated with an independent company to conduct a survey of 100 Fortune 1000 corporations and 100 medium- to large-sized firms in September 2011. Nine findings emerged, providing insight into what aspects of discovery organizations are conducting themselves; what factors are weighed when making this decision; when organizations opt to enlist help from an outsider provider; and where companies stand with respect to joining the cloud movement.
Making the Decision to In-Source or Outsource
e-Discovery
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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.