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Are You Breaking the Law?
Part 1 of 2
Internet law has developed in lock step with the Internet, and both interpenetrate every aspect of a company-employee relationship. From how to handle employee data to accommodating disabled Internet users to preventing security breaches that an employee's juvenile family members might cause from a computer in the home that is also used for work purposes, numerous new legal difficulties await the unprepared human resource professional. This is the first of a two-part article detailing the top 10 things companies need to know about Internet law.
- Communicating Internet employee data is akin to broadcasting it.
While laws vary from state to state, most states make employers liable for preventing dissemination of employee data. This means that when sending employee data via the Internet, precautions ' beyond the standard precautions taken when sending e-mail ' must be taken.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.