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Cyberattacks are increasing at a startling rate in the business community, not only by hackers for personal intellectual skullduggery, but cyberattacks aimed at obtaining sensitive information that is the heart of the operation of industrial corporations, banks, brokerage houses and worldwide sales organizations. Law firms have become major targets of these illegal attacks, which are aimed at discovering and pilfering the entire subject matter of a commercial operation. One example is the corporate snooper who will use cyberespionage in an M&A transaction to understand what the competitors are bidding. As discussed below, quite often, such cyberespionage is never discovered or not until a long time after the transaction is completed.
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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.