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Cybervillains and How to Find Them: Obtaining the Identity of Anonymous Internet Users
Many corporate executives and in-house attorneys have complained about acts done “anonymously” over the Internet and the lack of accountability for Internet users. Each has seemingly been harmed by various online conduct, such as defamation, trade libel, trade secret leakage and other acts that occur because of Internet use and abuse. This use and abuse seems to arise most commonly in online message boards and when using “anonymous” free e-mail accounts. Most of these people believe there is nothing that can be done because of the anonymity inherent in the nature of the online medium. Because of this appearance of anonymity, many perpetrators behave differently than they normally would had they known they could be held accountable. Many Internet users do not realize that an experienced lawyer can actually find their identity, location, and the situs of the damaging action(s). Each computer on the Internet has been assigned an “IP Address.” This IP Address is a unique identifier of that computer ' synonymous with the street address of real property.
IP Addresses are comprised of four numbers that range between 0 and 255. (An example of an IP Address is “164.67.0.1″). These IP Addresses serve as unique identifiers to each computer on the Internet and can be used to track Internet users who have done tortuous or otherwise harmful activity (this can also be a useful general investigation tool ' it goes without saying that the discovery process and power to subpoena should not be abused) while seemingly being anonymous.
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.
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.