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Insurance Coverage for Cyber Attacks
There's no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging worldwide.” Kevin Robinson-Avila, “Cyber attacks on the rise worldwide,” ABQJournal (Dec. 17, 2012). Reports of high-profile cyber attacks make headlines on an almost daily basis. In recent weeks and months, sophisticated distributed denial-of-service (“DDoS”) attacks on at least 26 of the largest U.S. banks reportedly breached some of the nation's most advanced computer security, rendering bank websites unavailable to customers and disrupting transactions for hours at a time.
The headlines confirm the reality: Cyber attacks are on the rise with unprecedented frequency, sophistication and scale. And they are pervasive across industries and geographical boundaries.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.