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Data Breaches Are Not Going Away
When a company reports two data breaches in one month, another company reportedly is paying fines for past data breaches, and “the demand for cyber security professional[s] is high and growing” because, “[o]ver the past year cyber exploitation activity has grown more sophisticated, more targeted, and more serious,” it is clear that data breaches are problems that are not going away (see, http://searchsecurity.techtarget.com/news/article/0,289142,sid14_gci1371544,00.html; www.pcworld.com/printable/article/id,173902/printable.html; and www.defensetech.org/archives/005068.html).
In fact, “between 75[%] and 85[%] of Fortune 2000 companies have suffered a 'material data breach.'” Worse still, just three alleged hackers allegedly stole more than 175 million data records; at an estimated cost of $202 per lost record, and that adds up to more than $35 billion in loss.
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.