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Maintaining client confidentiality has always been a core responsibility of the legal profession, yet keeping sensitive, confidential information secure has never been more complicated, thanks to the emerging “Dropbox problem.” Ranging from Dropbox to e-mail to instant messaging and beyond, attorneys have a variety of easy ways to communicate with colleagues and clients. Unfortunately, many of these methods also leave data susceptible to deliberate and accidental breaches during transfer.
Several trends are driving attorneys and staff to use less-than-secure channels to receive and send files and e-mails. Law firms need to take assertive action to understand the root causes of this behavior and steer lawyers to methods that won't put their reputations at risk and their clients' data in jeopardy. While this will probably require changes in human behavior, hardware and software, firms owe it to their clients to take the necessary steps.
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.
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.
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.