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Do Cyber-Attacks Require a 'Duty to Assist'?
On Jan. 1, 2009, when an Indian oil tanker found itself under attack by machine gun fire from pirates off the coast of Somalia, the ship's captain sent out an SOS via wireless radio. A nearby Malaysian frigate heard the call and immediately responded, sending a helicopter to the scene. On its arrival, the pirates fled and the tanker's crew escaped unharmed. It's a story that has been repeated countless times, in large part because international law requires anyone receiving an SOS signal to “proceed with all possible speed” to render assistance. Today, similar legal duties abound ' what we might call “duties to assist” ' whether in response to a pilot's mayday call, distress signals or emergency numbers.
As yet, however, there is no “duty to assist” in cyberspace. That needs to change. Concerns about new kinds of pirates and a new form of attack ' the “cyber-attack” ' currently fill our newspapers and preoccupy policymakers. When hackers marshaled a million computers to block access to Estonian computer networks in 2007, they took down emergency phone lines and froze online services for the government, banks, universities and hospitals.
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.
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.
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.