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Cyberinsurance Considerations for Law Firms
As a profession, lawyers are notoriously slow in staying abreast of new technology. While bar associations and state regulatory boards have emphasized for years that attorneys have an ethical duty to stay abreast of current and developing technology, many attorneys and firms fail to keep up with the ever-increasing pace of technological change. Attorneys may be unaware of the potential risks involved in the use of multiple devices used to perform work — each device is subject to being lost, stolen or hacked. These risks increase if a firm has failed to encrypt personal or other sensitive information.
Over the past several years, several large law firms have disclosed they have been the target of hacks and data breaches. Recent studies have shown that up to 25% of firms with over 100 attorneys have suffered from a data breach. These breaches to the firm's (and potentially its clients') data may come from a one-off compromising of a stolen smartphone or from a targeted, system-wide hacking of a firm's network.
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.
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.
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.