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<b><i>Online Extra:</b></i> Cybersecurity Professionals Apprehensive on Government Access to Encrypted Data
Personal data can be a divisive force, and as exemplified in Apple's ensuing legal battle with the FBI, many are concerned with the government having unfettered access to such information. A recent survey of security professionals takes these concerns to a new level, with 81% of respondents reporting they think it's 'very likely' or 'certain' that hackers can take advantage of the government's capability to access encypted data.
Conducted among nearly 200 security professionals in attendance at the 2016 RSA Conference, the survey looked to capture viewpoints on the government requesting access to encrypted data as well as potentially resulting possibilities.
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.