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Electronic Data Breaches
In recent years, incidents involving the theft or inadvertent disclosure of significant amounts of electronic data containing personal information have been increasing and have frequently been heavily publicized. Often, a large, public data breach is followed by a flurry of litigation as individuals, banks, and other entities affected sue the company that suffered the breach for not protecting the compromised data more effectively. The company targeted by such claims will often look to its insurance program for coverage for the defense of such lawsuits and any resulting awards. While some companies carry specialty insurance policies that are specifically designed to afford coverage for data-breach-related liability, in many cases the breached company will lack such specialized coverage, and may look to tender the defense of data-breach-related litigation under its general liability policy.
The Rise of Electronic Data Breaches
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.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.