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The Top-Five Critical Security Controls to Consider for Corporate Counsel Evaluations
Corporations consider many different factors when deciding whether to hire a law firm. Fees, clients, industry knowledge and capabilities have always been important aspects of the hiring process. Security wasn't usually a major factor, and law firms used to fly under the radar when it came to questions about keeping client data secure. That has all changed.
Now, law firm security breaches regularly make headlines. Large and respected firms have been “weak links” for malicious exploitation, and their clients can pay the price with publicly exposed information about cases, strategies, acquisitions, intellectual property and more. Corporate counsel, and the C-suite to which they report, are becoming increasingly mindful of this risk. They are starting to demand that their outside counsel adhere to strict security protocols and undergo in-depth evaluations.
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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.
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.