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After Anthem, Diagnosing the Health of Data Security
Companies have begun to experience attempts to breach their databases on a frequent basis, and have had to become hypervigilant about protecting their networks against hackers. But once every couple of months, the bad guys get through the defense systems in a big and highly publicized way, showcasing data disaster for company and customers. This was the case in early February when Anthem Inc., the second-largest health insurance company in the U.S., announced it had been hacked, and up to 80 million current and former customers may be affected.
According to a letter by Joseph Swedish, Anthem's president and CEO, the attackers obtained personal information such as names, birthdays, Social Security numbers, street and email addresses, and employment information. Although no one knows who committed the cybercrime at present (It has been reported that the Chinese government is suspected ' see, “Chinese State-Sponsored Hackers Suspected in Anthem Attack,” Bloomberg.com), one thing is for sure, the damage is significant and the potential reach is staggering. And companies and their counsel should remember that if a hack such as this can happen to one of the country's biggest health insurers, it can happen to them too.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.