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Sixth Circuit's Decision on Privacy Claims over Data Breaches
Data breaches such as the one Yahoo recently revealed (500 million accounts!) get the big headlines. In response, large companies double down on their efforts to protect the security of their data.
But small to midsize businesses often fail to appreciate the risk of a data breach to their own business. They may believe that they are not targets because of their size or because they do not hold valuable information. Their “not in my business” assumption is wrong. Indeed, because security measures adopted by small and medium size businesses may not be as up-to-date as those used by national and multinational corporations, and because of the value of data held by every business, regardless of its size, these smaller entities may be just as likely to have their systems targeted as the big corporations. Businesses — regardless of their size — could incur high costs in responding to a breach with a forensic investigation, remediation, notification, and reputation damage control, as well as potential fines under breach notification statutes.
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.