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Decoding Encrypted Documents in Cross-Border e-Discovery
On the battlefields of ancient Rome, Julius Caesar used a cipher that changed the order of the letters of the alphabet to secure messages he sent to his infantry leaders. Caesar shifted the letters in his messages by three, such that the letter A would become D, safely encoding them from his mostly illiterate foes. Any messages the enemy intercepted were likely presumed to be written in a strange foreign language.
Since this first reported use of cryptography in 50 B.C., encryption techniques have become far more sophisticated and prevalent. Therefore, it is likely that any data you collect in discovery will contain files ' if not entire computers, hard drives or mobile devices ' that are encrypted, encoded or password-protected. And given the global nature of business, it is even more likely that some of these encrypted documents will be written in foreign languages, which adds another layer of complexity to document processing and review.
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.
How AI Has Affected PR
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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.