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Data Breach by Insiders: Three Key Steps to Keep Your Company Out of the Headlines
For many of us, the term “data breach” conjures up images of a shadowy character in a dark hoodie — a nefarious criminal. But the more we understand about how data breach incidents originate and propagate, the more likely we are to shift focus from outsider hackers to insider threats. Insider threats can be malicious, but often they are accidental. Rather than a shadowy scoundrel, your greater security risk might very well be Alice in the accounting department, who absentmindedly leaves her laptop on the bus.
No organization, including tech and social media companies, is immune to a data breach resulting from ignorant or malicious behavior of employees or business partners. Earlier in 2016, a payroll department employee at Snapchat received a spear-phishing email that appeared to be from Snapchat Chief Executive Evan Spiegel. The employee replied to the email, inadvertently sending sensitive personal information on about 700 current and former workers to an outside party.
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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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.