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Litigation, investigation, and regulatory requests require in-house counsel to manage multivariate issues (legal and business) to effectively mitigate risk involving threats to reputation, finance, and even survivability. This must all be done within the confines of expedience and cost.
Well into the era of electronic discovery, few would argue against the value of technology to assist in this regard. Predictive coding, also referred to as “technology assisted review” or TAR, is the latest attempt at taming the electronic data behemoth that presents itself as millions of pages for review (and represents approximately 70% of discovery costs). Clearly, one cannot apply the same methods or technologies that were established when a matter involved boxes of paper to electronic data volumes that are now counted in terabytes. (This article only considers the review of language-based, unstructured data and not structured data, such as financial information or documents such as schematics.)
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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.
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.
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.