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Information Security
The story of North Korea allegedly hacking into Sony's IT infrastructure and sending Sony a threatening e-mail that led it to cancel the distribution of a new film, The Interview , a comedy-adventure film about two Americans who land an interview with North Korean leader Kim Jong-un, dominated the news as 2014 winded down. At the time of this writing, the United States was contemplating what action to take in response, and President Obama, who compared the Internet to the “Wild West,” called for international cooperation in forging agreements and creating agencies to police Internet conduct around the globe.
Since there has been, for the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients with regard to e-discovery and other vendors that house firm data and within the firms themselves, InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow. With that in mind, a look at some recent changes to California's law regarding duties that arise when a party (think here an e-tailer ) receives data personal to another party (think typical electronically stored information), segues into a more general discussion of the e-tailer's obligations regarding InfoSec.
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.