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10 Lessons from FTC Guidance on Data Security
“Not if, but when.” These simple words are enough to keep privacy officers, corporate counsel, compliance officers and IT managers up at night when faced with the reality that their network will at some point be breached. This is no surprise given the spate of corporate breaches and unauthorized network intrusions reported in recent years, as well as the costs, reputational harm and investigations and lawsuits that follow in their wake. While there are no silver bullets to stop breaches from occurring, understanding and following legal actions brought by regulatory agencies and heeding security guidance they issue can go a long way in preventing security lapses and unauthorized attacks.
There is no omnibus federal law that prescribes the level of security that companies must use to protect consumer information. Instead, Congress has identified certain categories of sensitive data that warrant regulation, such as health and financial information, and online information collected from children under 13, resulting in the Health Information Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLB Act), the Fair Credit Reporting Act (FRCA), and the Children's Online Privacy Protection Act (COPPA), respectively.
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.