Whither the Guidelines?
May 30, 2007
You might be forgiven for concluding that the U.S. Sentencing Guidelines were largely a thing of the past following the Supreme Court's decision two years ago in United States v. Booker, 543 U.S. 220 (2005). The Court held that the Guidelines were purely advisory ' not mandatory ' and just one among many factors to be consulted in meting out a sentence under 18 U.S.C. ' 3553(a). Other factors specified in ' 3553(a) include such…
The Globalization of Investigations
May 30, 2007
Over the past several years, the Department of Justice ('DOJ') has expanded its tools and efforts to gather evidence from abroad and reciprocate by helping foreign prosecutors gather evidence in the United States. For a client whose primary presence is in this country, cross-border cooperation among law enforcement organizations raises distinct and difficult issues. An effective defense requires knowledge of treaties and criminal law in two or more jurisdictions, and collaboration among defense counsel in different countries.
Computer Forensics Docket Sheet
May 30, 2007
Court Issues Spoliation Sanctions for 'Crashed' Hard Drive<br>Court Issues Adverse Jury Instruction Where Plaintiff Disposed of Evidence
Courts Grapple with Computer Searches
May 30, 2007
With a growing number of criminal cases depending on forensic searches of computers, the direction courts ultimately take is likely to affect a wide array of cases, ranging from hacking and piracy to murder investigations.
The FRCP Alarm Clock Has Rung; Now What?
May 30, 2007
The magical e-discovery alarm clock known as Dec. 1, 2006, meant to wake people in the legal and business worlds up has rung ' and it's time to stop hitting the snooze button and address e-discovery readiness. Indeed, the much-discussed amendments to the Federal Rules of Civil Procedure are in place and, much as on the morning after the supposedly cataclysmic Y2K bug not so long ago, many people are wondering whether all the anxiety leading up to the Dec. 1 e-discovery wake-up call was justified.
A Data Discovery Department?
May 30, 2007
With the buzz surrounding electronic-data discovery ('EDD'), which grows only louder as the need to find data stored electronically to support litigation increases, law firms and corporate clients are facing an important operational decision that might cause some friction in this booming sector. The need for e-discovery processes and support to handle them cannot be disputed. Where the tension might arise is in more corporate counsel taking control of the e-discovery process as law firms continue staffing up for e-discovery.
Data Analytics: e-Discovery Accuracy, Defensibility and Cost Efficiency
May 30, 2007
Keyword-based automated search tools are not necessarily accurate, especially when the search terms are brainstormed by counsel in a vacuum. And new-age concept-based tools, while often quite effective at targeting documents based on subject matter or concept, are technologically hard to explain and, as a result, hard to defend. Data analytics adds testing and analysis to keyword-based search, providing litigators with more accuracy and defensibility ' often at a much lower cost.
Bit Parts
May 30, 2007
Copyright Infringement/Motion to Intervene; Copyright Infringement/Striking Similarity; Right of Publicity/Attorney Fees.
