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Outsourcing to India
As a growing number of companies seek more centralized and less expensive methods of processing information, they are turning to offshore outsourcing to fulfill many of their business and human resources processes. Given India's success in building a significant share of the offshore business process outsourcing ('BPO') market, a significant portion of the data is now being processed in India. Recently, there have been allegations that call center employees based in India have stolen data outsourced to Indian service providers. Regardless of whether these allegations represent a trend or are just dramatic headlines, there have been concerns raised about the security of data held by Indian service providers, and the remedies that non-Indian companies may have in India in the event of a breach, either to seek recourse against the offender or to prevent the misuse of data. This article describes some of the remedies that are available to companies to deal with and prevent the misuse of data in India.
Preventative Measures
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.