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The duty one Internet user has to another has changed, particularly with respect to cyber-security and privacy. Widespread breaches of Internet security result in a massive loss of valuable time and resources, reduced productivity, lost revenue and diminished Internet privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
Internet users are secondarily liable third parties for negligence when they fail to incorporate reasonable security into their Internet access systems and practices. This tort is premised upon the unacceptably high levels of risk of Internet-related difficulties, as well as the low cost of implementing software and procedures that would ameliorate or eliminate said difficulties.
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.