Insights

Washington – February 24, 2022: Relativity has named John E. Davis and Jeane A. Thomas of Crowell & Moring to its list of 2022 AI Visionaries. The list recognizes “early adopters of AI, particularly in areas where managing risk is a top priority and the approach to technology adoption has traditionally been more conservative.”

Washington – March 24, 2021: Crowell & Moring’s E-Discovery and Information Management group has launched an integrated E-Discovery service called C&M Discovery (CMD) that combines supported technology capabilities with the group’s existing practice offerings of legal advocacy, consulting, review, and professional services. The firm has partnered with a leading technology provider with data centers in multiple jurisdictions to enable work on matters of practically any size, location, and complexity.

New York– October 24, 2018: Crowell & Moring LLP is pleased to announce the addition of John E. Davis as senior counsel in the firm’s E-Discovery & Information Management Practice in New York. With more than 20 years of experience, Davis will advise on complex e-discovery issues in disputes and investigations, as well as privacy, cybersecurity, and other emerging technology issues. He was most recently with UBS, where he was executive director and counsel in the Litigation and Investigations groups and head of its Global Complex Cases – E-Discovery unit. Davis will co-chair Crowell & Moring’s E-Discovery & Information Management Practice, along with Washington-based partners Jeane A. Thomas and Michael W. Lieberman.

New DOJ policies on corporate-cooperation credit should help companies manage conflicts between the investigatory demands of U.S. prosecutors and the data-protection and sovereign-protection laws of other jurisdictions. Deputy Attorney General Rod Rosenstein announced the policy changes on November 29 in a speech that we covered here. In criminal cases, companies will now be eligible for cooperation credit when they seek in “good faith” to identify those who were “substantially involved in or responsible for wrongdoing”—instead of the prior requirement to disclose “all relevant facts” for “every person involved.” In civil cases, prosecutors will focus more on monetary recovery and make credit available on a sliding scale, depending on how far beyond senior officials the company goes in disclosing misconduct. Although the Deputy Attorney General suggested that these policies simply reflect common DOJ practice, the announcement was followed by changes to the Justice Manual (formerly the U.S. Attorney’s Manual) that suggest the government’s willingness to soften its hard line on disclosing information protected by foreign data-protection laws.

Changes in the health care delivery and payment system are underway to “bend the cost curve” and improve patient outcomes. However, the legal and compliance risks to any entity offering services or products paid for or reimbursed with government dollars have not abated.

The 2019 Annual Meeting of Working Group 11 will focus on new drafts and brainstorming group outlines needed for WG11 member review and comment, including the following topics: