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Cybersecurity Comes Together in Legal and Finance
Since the dawn of the new millennium, technology has been expanding the reach and ability of criminals at breakneck speeds. Regulators have constantly found themselves running behind a new era of cyberthreats and dangers, struggling to respond to accidents while fortifying the road ahead.
But with limited resources and time, their effort is one of triage. Secure the vital pillars of society first, and the rest will follow. This plan especially rings true when securing arguably the most important pillar: the one buttressing the economy. Jeremy Estabrooks, senior legal editor of Thomson Reuters Practical Law, notes that the financial industry is considered a critical infrastructure industry by the federal government. “There is definitely more emphasis on making sure they have robust cybersecurity in place,” he says.
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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.