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Three Lessons for a Proactive Approach To Cybersecurity
Do you know where your client's or organization's data is? It's not a rhetorical question ' it's a serious issue that should be at the core of any cybersecurity assessment. Many IT and security departments may have all sorts of sophisticated tools and processes for securing data in-house, but what about service providers who have access to the network? What about outside law firms handling the data on their own premises or in the cloud? And what about the vendors that those firms use?
Cybersecurity has been elevated to a top priority in today's corporate boardrooms, as news of major data breaches has become commonplace over the last few years. The scope of some of those breaches has reached catastrophic proportions, and recent discoveries illustrate the systematic approach of hackers' third-party vendor attack strategy.
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.