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Litigators and Privacy: The Last People You Want to See, or the First?
It is hardly news that cyber incidents are front of mind for companies. Whether costly data thefts, pernicious data manipulation attacks, or crippling ransomware or disruptive denial of service attacks, cyberattacks are trending toward greater frequency, severity and sophistication. Geopolitical tensions have further increased the risk. In fact, the New York State Department of Financial Services recently warned its regulated entities to be alert for an increased risk of malicious cyber activity directed at United States industries and government agencies by highly cyber-capable Iranian actors and proxies. The New York Times reports a 41% increase in 2019 in the number of files hacked in ransomware attacks, and notes that according to American authorities, several of these attackers have operated with the protection of their governments and have helped their governments by passing along hacked files.
When it comes to cybersecurity risks and breaches, organizations know they should plan for the worst, and hope for the best. In their consideration of possible worst-case scenarios, however, organizations often focus on the various types of attacks and their relative severity. In other words, they focus on the day of, not the day after.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.