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Collecting Social Security Numbers
In the first six months of 2014, at least 96 significant data breaches were reported, compromising more than 2.2 million records, according to the Privacy Rights Clearinghouse. Of these breaches, at least 46 involved records that may have contained Social Security Numbers (“SSNs”). What the affected businesses may not know is that their mere collection of SSNs may have put them in violation of state laws, in addition to the liability they may now face for having failed to protect the SSN information.
Despite their limited original purpose, SSNs have become de facto national identifiers, frequently used as an authenticator in both the public and private sectors. In fact, no other form of personal identification plays a more significant role in linking together records that contain an individual's sensitive and confidential information. Ironically, the widespread use of SSNs as both an identifier and an authenticator is precisely what makes collecting and using the numbers so risky.
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.