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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 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.
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.
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.
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.