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<b><i>Online Extra:</b></i> DOJ Releases Cybersecurity Best Practices
Dealing with cybersecurity in the United States is challenging for many reasons, but one of the most frequently cited pain points is the patchwork of laws governing the space. Depending on your corporation's industry, consumer base and location, your legal requirements following a significant breach can change dramatically. The Department of Justice (DOJ) is now stepping up to help, setting a list of best practices organizations should bear in mind if and when they are victim to a cyberbreach.
Released alongside a speech given by Assistant Attorney General Leslie Caldwell, on April 29, the 15-page memo 'Best Practices for Victim Response and Reporting of Cyber Incidents' provides a framework for a corporation following a'breach.
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.
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.
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.
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.
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.