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Best Practices for Law Firms to Meet Cybersecurity Requirements of Inside Counsel
Whether or not your clients have suffered a data breach, cybersecurity is undoubtedly a critical concern. Many of your clients are actively searching for and plugging any gaps in their security. They may wisely be investing in pre-breach risk assessment services to identify data that is most vulnerable and valuable to thieves once they get inside, adding multiple layers of protection around it and establishing a concrete action plan to minimize any damages and exposure. And if your clients haven't done so already, they're going to focus their attention on what could potentially be an Achilles Heel for them ' their law firms.
In late 2013, while the world was still reeling from the magnitude of the Target and Neiman Marcus data breaches, McKenna, Long & Aldridge, a top-100 international law firm, was breached. It nearly escaped all notice by the media ' perhaps because it was only a law firm and not a giant, national retail chain, or because the thieves only made off with the W-2 and other financial information of the firm's past and present employees. But had the attackers persisted undetected, who knows what kinds of treasures they might have found? The firm is not alone: In 2011, Mandiant reported that at least 80 top firms had suffered breaches, and the American Bar Association's 2013 Technology Survey reported that 15.2% of all firms acknowledged that they had suffered a security breach.
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.