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Practice Tip: What You Need to Know About Fighting Spyware and Adware
While obvious security threats like fast-spreading worms have a tendency to garner news headlines, other stealthy security risks threaten law firms and other businesses every day. An increasing amount of spyware and adware programs have the ability to facilitate the disclosure of business information and risk privacy, confidentiality, integrity, and system availability. Law firms ' like other corporations ' usually accumulate a vault of information that could cause serious problems if it were shared with the wrong contacts or, even worse, stolen. Spyware's evolution from simple cookies to a range of sophisticated user-tracking systems has left many businesses without the control over their proprietary data and operations.
A recent survey by IT industry analysts IDC identified spyware as the fourth greatest threat to enterprise security.
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.