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AccessData's Summation 6.0
It's understood that the “discovery wars” have long been far more than litigation maneuvering by both sides in a case. The discovery process is sometimes used by litigants to overwhelm adversaries, drive up the time and expense required to see a lawsuit through to trial, and thereby extract concessions or settlement. Even without intention, the volume and complexity of electronically stored information pertinent to litigation results in cost burdens that affect substantive decisions in a case.
There are a couple developments underway in the legal profession that have the potential to push back on these discovery wars. First, the recent changes to the Federal Rules of Civil Procedure (FRCP) governing e-discovery ' such as proportionality requirements ' are designed to reduce the scope of e-discovery that courts were previously inclined to allow. And second, emerging technology solutions are leveling the playing field a bit, enabling law firms of all sizes to better manage e-discovery in a way that is more efficient and affordable than ever before.
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
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.