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Developments of Note
ICANN Advances Proposals For .Post
And .Travel Domains
The Internet Corporation For Assigned Names and Numbers (ICANN) announced that it has begun commercial and technical negotiations with “.post” and “.travel,” two of the 10 candidate registries, as the selection process for the new sponsored top-level domain names (STLDs) moves forward. According to ICANN, no limit on the new number of STLDs has been established and the status of the remaining eight applicants is pending. The announcement is available at www.icann.org/announcements/announcement-27oct04.htm.
FDIC Releases Guidance On Managing Free,
And Open Source Software
To raise awareness about risks and risk-management practices applicable to using free and open source software (FOSS) in the financial-services industry, the Federal Deposit Insurance Corp. (FDIC) issued guidance, stating that the institution's strategic business objectives should drive software requirements. The FDIC also stated that institutions should evaluate the benefits of implementing software in terms of a number of areas, such as effectiveness, efficiency and ability to support future growth. Key risk-management considerations include code customization, IT architecture, product maturity, forking, systems integration and support, and total cost of ownership. The guidance is available at: www.fdic.gov/news/news/financial/2004/fil11404a.html.
EU Releases Working Document On Privacy
Directive Safe Harbor Agreement
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.
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.