Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too
When, if ever, can your Internet Service Provider ('ISP') legally intercept and then read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue. Due to outdated statutory language, courts have been inconsistent and tentative in applying the federal Wiretap Act to e-mail interception. In recent years, two circuits have flip-flopped on this crucial issue.
The original guiding force behind the 1968 Wiretap Act was to protect real-time wire and cable communications from interception while in transit. Stored communications, however, have been covered by the eponymous Stored Communications Act ('SCA') since 1986 ' when Congress enacted the Electronic Communications Privacy Act ('ECPA'). The ECPA incorporated the old Wiretap Act as Title I and added the SCA as Title II.
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.