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Publius, RIP?
In a classic New Yorker cartoon, the caption reads: “On the Internet, no one knows you're a dog.” Not so. Whether you're spouting off your views about the latest episode of “Desperate Housewives” on a fan Web site, complaining about your sinking stock portfolio on a Yahoo message board or, in the case of a Texas man recently, castigating your local politicians for misspending taxpayer dollars, your Internet Service Provider (ISP) knows you're not a dog. And it knows your name, address and telephone number.
Not only does your ISP know who you are, but also the computers you visit on the Internet know who your ISP is. Unless you take preventative measures, any computer you visit online can trace you back to your ISP. This is because each computer on the Internet, including yours, depends on an Internet Protocol number to figure out where to send that Web page you just requested, or that e-mail you just checked. When you log onto the Internet, your ISP assigns your computer an IP number for that session. And IP numbers can easily be traced back to the assigning ISP.
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.