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Cybersecurity Insurance Coverage: Prudent Risk Management for Companies of All Sizes
The Connecticut Supreme Court recently published the much anticipated decision in Recall Total Info. Mgmt., Inc. v. Fed. Ins. Co. (“Recall III“), 317 Conn. 46 (2015), addressing commercial general liability (“CGL”) coverage for data breach. However, those waiting for expanded guidance from the supreme court with respect to coverage for cyber law and/or cyber exposures were most likely disappointed. The Connecticut Supreme Court fully adopted the appellate court's ground-breaking decision that there is no coverage for a data breach claim involving the theft of tapes containing electronically stored personal information under a CGL policy's “personal injury” coverage provisions because, even though there was evidence the tapes fell into the hands of an unknown third party, there was an absence of evidence that the files were accessed by any third parties.
Background
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.