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For Whom The Bell Tolls: Corporate Data Security Breaches Affect All
Names, addresses, Social Security Numbers, and various types of financial information are among the most common casualties in a growing number of data security breaches at leading organizations across the country. It seems that every week, a new corporate data security breach involving the loss or disclosure of personal information is reported in the media. This is a phenomenon that does not discriminate: It touches all businesses, whether retailers, information brokers, financial institutions, universities, or healthcare companies. And thanks to a relatively recent California privacy law requiring that affected individuals be notified of the breach, the press eventually tolls the bell for all to hear.
With each revelation, calls have increased for government investigations and new state and federal legislation.
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.