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Survey: Distrust of Vendors Raises Questions on Data Security, Regulatory Compliance
Obviously, data breaches aren't trust builders, but many companies are skeptical even of those parties with whom they share confidential data, including their own vendors.
A recent survey of nearly 600 individuals across industries by the Ponemon Institute found that more than a third of U.S. businesses (37%) believe that their primary third-party vendors wouldn't notify them in the event of a breach involving “sensitive and confidential information.” Further aiding this sense of distrust are company views of “fourth-'nth'-party” vendors ' subcontractors or indirect service providers hired by a third-party vendor ' which 73% of respondents believed would “fail to notify” in the event of a breach. Here, an “nth” is used to refer to an unknown number in a series of numbers.
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.