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AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure
The line separating reality from artificiality is more blurred than ever. The development of machine learning and artificial intelligence has produced several exciting but troubling phenomena. Specifically, that machines are currently producing completely new forms of content and data that may be leveraged to produce sophisticated deepfakes that strikingly resemble actual people.
Until very recently, the e-discovery process of finding, preserving and analyzing electronic information to uncover facts was centered on two broad types of information: user-generated (email, documents, chat messages, etc.) and systems generated (operating systems data, application logs, etc.). Long-established rules and processes exist for how these groups of electronic information are filtered and handled during discovery. These ensure that discovery, review and document productions are focused only on the individuals, timeframes and activities relevant to the matter at hand. That said, the emerging data sources — such as Slack, WhatsApp, Microsoft Teams and other cloud sources — that have come into this realm have created numerous challenges across evidence preservation, collection, analysis, review and production.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
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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.
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.