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Can Electronic Information Be Kept Secret?
The term electronic secret isn't an oxymoron, but lately, it does seem that storing data digitally is incompatible with keeping that data confidential.
High-tech firms like ChoicePoint and Lexis/Nexis, along with respected icons Bank of America and the University of California at Berkeley ' and maybe more visibly, online broker Ameritrade ' know this apparent conundrum well. These institutions recently disclosed significant confidentiality breaches. These lapses, combined with the total volume of releases of personal data, have certainly shaken public trust in the ability of any firm or institution to maintain the privacy of personal information that is stored electronically. And who can blame the public for its loss of confidence? After all, confidential information should be kept, well, confidential.
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.