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Law Firms Aren't Immune to Cybersecurity Risks
Although law firms have managed to remain off the list of the year's biggest data breach victims, firms watching cybersecurity trends most closely are feeling increasingly uneasy about their own security posture. Astute firms are looking to learn as they watch Target Corp., The Home Depot Inc., JPMorgan Chase & Co., Sony Corp. and others struggle to manage an endless stream of news stories that damage their brands, massive disruptions to everyday business, and a significant strain on resources as organizations respond to legal claims, comply with requests for information from regulators, and scramble to bolster security systems in efforts to prevent further incidents.
Because law firms are routinely entrusted with large volumes of highly sensitive data under attorney-client privilege ' private personal information, trade secrets, mergers and acquisitions details, litigation strategy, intellectual property research, health care data and more ' it's only a matter a time before they face the same level of scrutiny of their security practices as do corporations. The risks firms face from inadequate information-security policies, procedures and technology are just as serious and far-reaching as those faced by their corporate clients, and hackers are likely to perceive firms as an easier target.
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.