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The Role of Encryption in Law Firm Data Security
Incidents over the last few years leave little doubt that hackers are increasingly targeting law firms. The data breach of law firm Mossack Fonesca, known as the Panama Papers, last April was the largest known and highest profile. The thieves took 2.6 terabytes of data, including 2.2 million PDFs, 3 million database files and 4.8 million emails. (For more on the Panama Papers, see, “The 'Panama Papers' and You,” a two-part article in our sibling LJN newsletter, Business Crimes Bulletin.)
Yet, many law firms don't use even basic encryption. In the ABA's 2016 Legal Technology Survey, only 38% of respondents reported using file encryption, only 26% use email encryption for confidential or privileged communications and documents sent to their clients, and only 15% use drive encryption.
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.