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Gen AI In e-Discovery: The Now, the Next and the Never
Generative AI (GAI) is reshaping e-Discovery workflows, with technology-assisted review (TAR) evolving from using established continuous active learning (CAL) methods to advanced large language models (LLMs). As this transformation unfolds, understanding precisely what is realistic now, what’s imminent on the horizon, and what remains purely speculative is essential for legal professionals and e-Discovery technologists alike.
The best place to start is with clarity around the current state of GAI e-Discovery technology and adoption, particularly in predictive coding and internal workflows. From there, we can anticipate forthcoming judicial acceptance and expanded applications based on established legal precedents but must critically address exaggerated expectations and recognize the enduring necessity of human judgment in e-Discovery. By integrating technical insights with legal analysis, clear guidance is possible for navigating the realities and limitations of GAI in the evolving landscape of e-Discovery.
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."