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Data Breaches: Why Prevention Isn't Enough
Cyberattacks and data breaches are an all-too-common fact of modern business. The news is full of stories about major U.S. banks and retailers being hacked, and the perpetrators are stealing the financial and personal information of clients, customers and others. While the masterminds and motives behind such attacks are not always immediately apparent, one thing is clear: Counsel must understand that traditional network security approaches are no longer enough. Firewalls and intrusion-prevention systems have become mere nuisances for determined hackers. In many instances, the malware and method of attack are more sophisticated than normal preventative measures can account for. This means that companies must accept the fact that data breaches could happen to them, regardless of the strength of their protective approaches.
That's why it is more important than ever that organizations be prepared to respond to a data breach. When asymmetric attacks occur, companies and institutions need to respond effectively, and the legal department must be closely involved. It should be proactively planning and thinking about many different issues. What kind of incident response plan should be in place following a breach? What should be included in the plan? Who should execute the plan? What is the proper blend of legal and IT responsibilities? How will the company respond to the inevitable lawsuits and investigations that follow?
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.