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Closing the Expectation Gap With e-Discovery Technology
Chief Justice John Roberts recently said in the 2015 Year-End Report on the Federal Judiciary that the new amendments to the Federal Rules of Civil Procedure (FRCP) should “achieve the goal of Rule 1 ' 'the just, speedy, and inexpensive determination of every action and proceeding' ' only if the entire legal community, including the bench, bar, and legal academy, step up to the challenge of making real change.”
But, according to a recent survey of 14 federal judges and 22 attorneys, each weighing in on the state of e-discovery, an expectation gap still exists between what judges expect and what attorneys think is appropriate. Three themes arose from the results of this survey: 1) the impact of the recent FRCP amendments; 2) e-discovery attorney competency; 3) and emerging legal technology. All of these show that until the legal community invests more into e-discovery practices, attempts to solve efficiency and cost problems won't fix a whole lot. See, Exterro's “2016 Federal Judges Survey.”'
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.