Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Read the Fine Print
The difficulties of securing important company and customer data are not new to franchised businesses, but the scale of the problem continues to increase. A new white paper by insurance consultants Peter R. Taffae and M. Damien Magnuson indicate another threat: inadequate insurance coverage when security breaches occur. See, “What Every Insurance Professional Must Know About Network Security and Privacy Liability,” 2nd ed., Peter R. Taffae and M. Damien Magnuson, ExecutivePerils.
Insurers are adding new restrictions to their cyber liability coverage, even as industry executives incorrectly assume that their standard insurance policies provide them with protection. “While limited coverage for some privacy, media or data breach exposures may be included in 'traditional' insurance programs comprised of commercial general liability, umbrella liability, fidelity/crime, and kidnap, ransom and extortion policies, there will inevitably be substantial gaps and plenty of room for coverage disputes,” wrote Taffae and Manguson. “Most underwriters of traditional types of insurance contend that it is not the intent of these policies to pick up cyber exposures. Changes have been made, and are continuing to be made, to these forms to clarify the intent not to cover cyber exposures.”
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.