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Is It a 'Cyberattack' or a 'Data-Breach Incident'?
While it is said that in war history is written by the victors. In the context of a highly publicized cyberattack, it's worth considering whether history can be written by the victims. The public thirst for information (and sensationalism) that typically results from the announcement of a cyberattack involving data theft provides an important opportunity for shaping the narrative surrounding the incident. But seizing on this opportunity requires a delicate balancing act. By providing too much information too soon, a victim may make damaging misstatements, and thereby incur legal liability. But by providing too little too late, a company can significantly impair its public goodwill and incur the wrath of regulators ' to say nothing of the plaintiffs' bar.
This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.
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.
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.
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.