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The Privacy/ Security Clash's Unexpected Consequence
Every online enterprise today ' from the world's largest financial and retail establishments to the smallest of healthcare providers ' is struggling to manage and exploit the exploding volume of personal information that comes within their possession, while also maintaining data security and complying with privacy-related laws and regulations. They are not alone. Courts, legislators and regulators also are striving to find ways to protect legitimate privacy rights while keeping the realities of today's technology evolution and business environment in mind. The breakneck speed at which technology continues to develop, often without consideration of privacy concerns, further heightens these already difficult challenges.
Looking at privacy issues through the prism of existing laws and regulations is sometimes like putting a round peg into a square hole. Despite the current difficulties and uncertainties in today's high tech, Big Data world, J. Trevor Hughes, president and CEO of the International Association of Privacy Professionals (IAPP; www.privacyassociation.org), has identified certain trends in legal and regulatory spheres that provide important insights into where we all may be headed in the near future. He recently sat down for a conversation and outlined his observations.
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.