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How Can Employers Protect Their Confidential and Proprietary Information?
Seventy three percent of online adults use at least one social networking site. Ninety percent of Generation Y (ages 18-29) use at least one social media platform. See Pew Research, “Social Networking Fact Sheet,” http://bit.ly/PUVhz4; Pew Research, “Social Media Update 2013,” http://bit.ly/OKvIzg. The information that users post on social media sites, for better or for worse, has the potential to reach a broad audience and reach it quickly. To use a well-known example, a former public relations director of corporate communication for a major company tweeted before boarding a plane, “Going to Africa. Hope I don't get AIDS. Just kidding. I'm white!” and before she landed, that tweet had been retweeted over 3,000 times.
Social media also makes it easier than ever to connect and communicate with clients and co-workers and to disseminate information about a company's brand or services. Accordingly, employers should take steps to protect their social media presence, accounts, and contacts. While social media certainly has benefits, it also poses risks for employers when it comes to protecting their confidential information and trade secrets, particularly given social media's casual real-time feel that may lull employees into forgetting that all the restrictions that normally attach to work-related communications still apply. For example, work-related posts to social media are still subject to all relevant regulations, such as the SEC's Regulation FD, other regulatory requirements, and any policies the employer has in place regarding intellectual property, confidentiality, harassment, discrimination, and Internet use.
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.
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.