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Cybersecurity Insurance<br><b><i><font="-1">Untangling the Mystery</b></i></font>
IT security professionals used to warn that only two types of businesses exist: those that have been hacked, and those that will be. Now, many are even more pessimistic, and divide the world's businesses into companies that know that they have been hacked, and those that don't.
While it is unlikely that every company has experienced a data breach (whether known or unknown), no business is immune from this threat. Cyber incidents have become the third largest risk to businesses worldwide, according to a recent report from the Insurance Information Institute. These cyber threats impact both small and large businesses, nonprofit and publicly traded corporations, and even local and federal governments. The actors behind these threats are as wide-ranging as their targets. In recent years, we have seen state-sponsored attacks against businesses for political purposes, hacktivists seeking social change, and a plethora of individual attacks for financial gain. The recent spate of high-profile breaches show that many of these incidents play out very publicly, and may have devastating and long-lasting consequences.
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.
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.
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.