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Introducing the Cybersecurity Reference Model
Cybersecurity is a rapidly maturing discipline and industry that has been thrust into the limelight of social consciousness and vernacular with globally publicized events such as the Sony hacks, breaches at JPMC, Democratic National Convention email leaks, and not to be overlooked, the critically acclaimed world of Mr. Robot, which chronicles the lives and events of a post-apocalyptic cyber-hacked society. Cybersecurity has penetrated our everyday existence, entertainment, and individual concern, but little has been written to help the legal community understand the roles and opportunities within this burgeoning corner of the job market.
Not since the explosion of e-discovery at the turn of the millennium has a new wave of fear, knowledge, technology, compliance requirement, budgetary spend, talent demand and job opportunity hit the legal community as it has in recent years with cybersecurity. The effect that cybersecurity will have on the legal job market will have stark similarities to the boom of e-discovery in terms of opportunity volume, but there will also be radical differences on how these two disciplines have and will continue to change the landscape of the legal industry.
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.
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.
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.