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Top Security Intrusion Trends the Legal Community Should Watch
Lawyers (whether corporate counsel or outside counsel) are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters that include privacy compliance, contract compliance, data breach response, data breach litigation, M&A due diligence, and insurance coverage. Legal counsel, as trusted neutral advisors, are uniquely qualified to help navigate risk considerations and bridge customer deliverables and workforce expectations with adequate security and shifting legal requirements. As a result, it is important that lawyers understand the latest trends in cyber intrusions that may expose their stakeholders to unwarranted risk and allow adversaries to exploit technical and human vulnerabilities. This understanding will make lawyers effective in establishing a program that properly addresses security within the greater context of organizational risk.
If a risk-mitigation program is not tailored to what the company does and what the company has, the organization is bound to be doing too little in some areas and perhaps even too much in others. This problem can lead to inadequate allocation of resources, underutilization of security and other assets, and likely, unknown exposure to threats and vulnerabilities.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.