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Cyber Insurance Litigation
On Sept. 9, 2015, Excellus BlueCross BlueShield announced a data breach that compromised about 10.5 million people's personal information, including Social Security numbers and medical and financial information. Excellus discovered the data breach during an investigation of its computer system. The breach had occurred on Dec. 23, 2013. A class action has already been filed, and Excellus is cooperating with the FBI.
One of the most interesting circumstances arising from the Excellus data breach is the “ho-hum” attitude with which most readers will greet it. Data breach has become a fact of corporate life. Phishing, malware, cyber extortion and hacking are now terms with which we are all familiar. Readers do not need another article to warn them of the dangers of data breach.
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.
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.
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.