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Everyone, especially corporate leaders, got a little paranoid last year when National Security Agency (NSA) whistleblower Edward Snowden pulled the alarm on U.S. surveillance. See, “NSA Revelations Boost Corporate Paranoia About State Surveillance,” Financial Times, (registration req'd.). That paranoia turned into palpable risk after reports emerged of the NSA tapping the phones of German Chancellor Angela Merkel and executives at Brazilian oil company. See, “United States Tracked Merkel's Phone Since 2002: Report.”'
Now, European countries have committed to overhauling their archaic data protection standards to mitigate the risks of economic espionage, and plan to include provisions to protect consumer information.
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 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.
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.
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.
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.