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The most important piece of legal marketing of 2014 was not legal marketing at all. Instead, it was a piece of journalism.
On June 23, HBO broadcast the television premiere of “The Case Against 8,” a behind-the-scenes look at the legal battle to overturn California's gay marriage ban. The film was not made to be a promotional tool for the lead attorneys on the winning side, Ted Olson and David Boies, but rather to report on a piece of history. It was not made by law firms or legal marketers, but rather documentary filmmakers. And yet, Mr. Olson and Mr. Boies could not have purchased better marketing if they tried. Each time the “The Case Against 8″ airs, millions of people invest in the story of the litigation, witness the appellate lawyers' involvement in the case, and come away with an enhanced appreciation for their work.
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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.
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