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Insuring Against Cyber Crime
Cyber liability is increasingly important for law firms and lawyers. Technology has created new issues concerning breaches of privacy, security and more that can severely affect a law practice. Approximately 10 million victims a year are affected by a breach of privacy. Forty-six states have enacted data breach notification legislation, and federal law includes host data security requirements. Stolen laptops or other data-bearing devices rank the highest in terms of risk and provide access to your technology systems and confidential information.
A breach can be costly. Lost billable time can be extensive. Costs to restore damaged/destroyed data can be exorbitant. It takes approximately 175 hours to resolve the issue when a breach occurs. With the estimated cost to rebuild records at $202 per record, law firms can accrue significant fees.
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.