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Over the last decade, technology-assisted review (TAR) has become a preferred choice in the e-discovery toolkit. It’s reliable, defensible, and often included as part of standard pricing in many review platforms. Now, as generative AI (Gen AI) gains traction, legal teams face a new challenge: creating a technology stack that offers the best balance of efficiency, cost and usability.
Gen AI holds enormous promise to reshape e-discovery and beyond; yet most tools are still in their early stages and require practitioners to carefully consider their value, reliability, defensibility and cost. In practice, Gen AI has yet to surpass TAR in efficiency or defensibility. Many platforms are expensive and unproven, with one survey finding that 85% of Gen AI initiatives fail, often due to faulty processes and use cases or insufficient validation.
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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.
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.
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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