For a corporation receiving a grand jury subpoena, the most difficult (and expensive) part of a U.S. Department of Justice (DOJ) inquiry is often sifting through corporate data to find relevant material. That is proving to be increasingly burdensome to prosecutors as well—not just because it costs DOJ time and resources to review extensive data productions, but also because it can be a minefield for prosecutors trying to navigate disclosure requirements. A recent article from Bloomberg Law indicates DOJ is reconsidering how much electronic evidence it will collect going forward. This could bring relief to companies involved in federal inquiries, but could also mean DOJ will lean even more on companies to build its cases.
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