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Law Firms, Meet Your New Regulator: Your Clients
A couple of years ago, when the IT focus of a law firm was on document management and perhaps mulling the billable virtues of e-discovery, cybersecurity was well over the horizon. The cyber world was still considered flat, and the other side of the world was undiscovered. There was no idea of the risk that lurked in the embers of political instability, juvenile capitalism and a moral compass that all too often pointed to human suffering.
Yet two years ago, the undiscovered threat had already reached the new shores of Wall Street. This financial Plymouth Rock was a new haven of untapped riches within the financial sector. The post-2008 financial crash era gave rise to the 99%, dogmatic hactivists who settled on Wall Street. They perhaps polished the floor of a proverbial Internet Ellis Island, but much like the virtuous green lady watching from the harbor nearby, they beaconed a welcome of opportunity to a tired and poor who consisted of simple smash-and-grab criminals, sophisticated criminal syndicates, and, eventually, fueled the cause of offshore agents employed by rival governments.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.