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Data Loss Prevention: A Concept in Motion
Certainly, Data Loss Prevention (“DLP”) has been part of the legal IT professional's mantra for years. In fact, you most likely have some form of DLP in place at your firm to identify, monitor and protect data at rest, such as ethical walls in the document management or records management systems, disabled USB ports, or locked down access to public e-mail providers like Yahoo. However, according to a recent survey of the top 25 Am Law 200 firms, what's really keeping general counsel or risk partners up at night is the risk exposure associated with data in use and data in motion (conceptually speaking). Why? Because law firm business is extremely document intensive and active work can be conducted anywhere; on a laptop, in a coffee shop, at home or on a hand-held device. (Quantitative telephone survey of risk professionals at the top 25 Am Law 200 firms, conducted by The Frayman Group in February 2009.)
The current economic climate, along with portable devices and the mobility of today's workforce, has truly created the perfect storm ' exacerbating DLP issues and expanding the definition of DLP and related needs beyond the piecemeal technology offerings currently available. Preventative steps like ethical walls can easily be applied to stored data ' but data in use is the true risk to address.
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.