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<b>Online Exclusive:</b> AOL Search Data Exposure Renews Interest in Data Warehousing Law
One of the U.S. House's leaders on telecommunications issues, Rep. Ed Markey (D-MA), recently renewed his effort to strengthen consumer privacy in the wake of AOL's sharing of customers' online data. Markey issued a call for the House to move forward on his data warehousing bill, H.R. 4731, the Eliminate Warehousing of Consumer Internet Data Act. The bill would require Internet companies to destroy obsolete electronic data, particularly data that could be used to individually identify consumers, 'when it is no longer necessary for the purpose for which it was collected or any other legitimate business pursuit,' or could be subject to a court order. The bill would instruct the Federal Trade Commission to create and enforce new standards for the maintenance and destruction of data, such as defining when information becomes 'obsolete.'
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.