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Where's My Copy?
In offices around the world, the copy machine is one of the most heavily used devices. And until an April 2010 expos' by CBS News, most companies never thought twice about any data security liabilities associated with them after they had been disposed or traded. As the CBS News report demonstrated, the casual attitude toward how copiers were being disposed of at the end of their useful life was creating a very serious data security risk. If the company using the copier is covered by one of the many state and federal data privacy laws, this risk can also lead to serious fines and penalties.
Since 2002, most new copiers and multi-function printers (“MFPs”) contain integrated computer circuitry including a storage device, usually in the form of a computer hard drive. This circuitry allows for time-saving features such as copying directly to a file, sending an e-mail from the copier, and improved sorting and collation features. When a document is scanned to create a hard copy or electronic copy for faxing or e-mailing, a copy is saved on the hard drive of the copier or MFP. These data storage devices can store thousands of documents, and the documents stored on them can be recovered months, if not years, after they were scanned.
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.