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Massive cyberattacks and data breaches have become routine. The window of opportunity for obtaining insurance coverage for the resulting costs under “traditional” first-party or general liability policies is rapidly closing. Courts have ruled inconsistently, and the insurance industry has responded to the exponential increase in exposure by endorsing policies to exclude such losses. Brokers and bloggers everywhere are urging the purchase of specialized “cyber” insurance to cover the resulting costs. A relative novelty only a few years ago, cybercoverage is now a must-have for many businesses.
That said, many businesses are being sold costly policies that include coverage they don't need or that fail to address key areas of risk. Here are five tips to help you find the form that fits.
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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 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.
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.
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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.