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Cloud Computing Security: More Opportunity, Less Threat
If you follow the legal technology headlines you might have noticed that we've come full circle on cloud security. Rewind seven or so years, and mainstream cloud computing adoption was being thwarted by grave concerns about data security, data governance and data access. As the cloud became more pervasive in many industries globally, the legal market took note and slowly but surely more law firms went to the cloud. Thanks to persistent market education and the realization that cloud benefits ' such as flexibility, cost savings, mobility/accessibility and resource savings ' outweighed potential security issues, the legal cloud gained momentum. As security concerns became more pronounced and difficult to effectively address in-house, law firm CIOs and information governance leaders realized that reputable cloud providers were much better positioned to tackle security.
Fast forward to 2016. Security is still a major concern. The 2015 ILTA/InsideLegal Technology Purchasing Survey cited security as the top challenge facing legal IT leaders, including concerns about providing a secure environment for information and file sharing in the cloud. Law firm clients are now demanding their outside counsel complete regular security audits, with global firms routinely being audited in the double digits. Protecting a firm's IP and work product is increasingly important to corporate clients, especially in regulated industries.
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.