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Losing Customer Data Means Losing Customers, Period
To see the negative financial impacts of a breach of sensitive customer data, look no further than Target Corp., where a holiday-season data breach of up to 110 million credit and debit card accounts cost the company $61 million to manage in the fourth quarter of 2013, and will almost certainly keep costing for months to come. See, “Online Extra Cost of Target Data Breach: $61M ' So Far,” e-Commerce Law & Strategy, March 2014. Target was also hit with other expenses likely tied to the breach, but less directly. For example, net income dropped 46% in the last quarter of 2013, compared with the same quarter in 2012.
A new report, “Avoidable Collateral Damage from Corporate Data Breaches: Assessing the Effects of Data Breach Remediation on Financial Institutions, Healthcare Providers and Merchants” (lite registration required), supports the idea that becoming the next Target can be toxic for companies, particularly those in the finance, health-care and retail sectors, which usually collect and store customers' personally identifiable information (PII). The study, commissioned by sensitive data management solution provider Identity Finder, with research by Javelin Strategy & Research, also finds that many companies are offering identity protection services (IDPS) to customers in the wake of breaches, but that these might not be terribly effective tools.
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.