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e-Mail Risk Mitigation For Law Firms
Each day, law firms are entrusted with valuable and sensitive client information. Moreover, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: “Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?”
Now more than ever, data security ' whether when exchanging documents via e-mail, storing them in the cloud, or using other forms of digital collaboration ' must be at the forefront of law firms' priorities. Law firms and individual attorneys are becoming top targets for hackers, which is no surprise based on the volume of intellectual property and financial information handled by lawyers. Opportunities for data breaches abound and they occur among law firms more often than is publicized. Consider, for example, that the New York Times Dealbook published a piece on Citigroup's finding that major U.S. law firms are frequently experiencing data breaches, but they are rarely disclosing this publically to avoid loss of clientele and damage to their reputation.
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.