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IT Security: It's Now or Never
Information technology security is a critical issue for all law firms. Yet, security initiatives are often dismissed as high cost/low return and put on the back burner. This low priority status persists despite the significant operational and financial impact a security breach would have on a firm. It is only when a major event such as the recent confluence of the Northeast blackout and the Blaster and SoBig worm attacks, or the nefarious actions of a disgruntled employee hit the public consciousness that attention rapidly re-focuses on security matters.
As the practice of law is perhaps the most information intensive of professions, we cannot avoid the implications of the digital age. The use of information technology in law firms has risen to the point where systems and technology serve as the nervous system of the firm. Loss of critical information systems and services could put the firm on life support. Even a thumbnail calculation on the financial impact of a security event that damaged systems and services would disclose a sizeable cost in terms of lost revenue, lost productivity, recovery costs and loss of client confidence.
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.
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.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.