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From A to ZIP Codes, and Beyond
An ever-increasing number of companies find themselves facing potential liability for practices concerning the use, collection, or release of consumer data. The courts are rife with class-action litigation by individuals seeking compensation in the wake of stolen or lost laptops, hacked computer networks, or data stolen through phishing scams, even in cases where the plaintiffs have not suffered any actual misuse of their own data. Recent legal developments have helped to limit the viability of these cases. Perhaps the most prominent development is the U.S. Supreme Court's recent decision in Clapper v. Amnesty Int'l USA, 133 S. Ct. 1138 (2013), in which the Court made clear that plaintiffs cannot establish standing to sue based on a mere risk of future injury, and plaintiffs may not manufacture standing by taking steps to prevent the risk of future injury.
Collecting ZIP Codes
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.
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.
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.