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Few law firms entered 2020 with a crisis communications plan on hand that could even begin to address the immense challenges introduced by a sudden global pandemic. As lockdowns began in March, offices emptied and remote workforces took shape practically overnight, individual and collective anxiety skyrocketed, and an industry infamous for being slow to change was forced to do just that.
Firms' ability to quickly — but not rashly — and effectively convey necessary information and the appropriate messaging to diverse clientele took on unprecedented importance. Meanwhile, journalists began clamoring for information about the impact of the pandemic on law firm business, the practical matters of lawyering in a new virtual world and legal issues related to the pandemic.
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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.
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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.