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D.C. Circuit Reverses Dismissal of Case over Cyberattack, Finding Possible Harm in Data Loss
Calling for a broader view of standing, a federal appeals court in Washington, DC, has reversed the dismissal of a case brought over the 2014 cyberattack of health insurer CareFirst. The D.C. Circuit decision comes in one of the first data breach cases to address standing under the U.S. Supreme Court's holding in Spokeo v. Robins, 136 S.Ct. 1540 (May 16, 2016).
The U.S. Court of Appeals for the District of Columbia ruled on August 1 that the district judge had “given the complaint an unduly narrow reading” in finding that the plaintiffs' claims of increased risk of identity theft were speculative. U.S. District Judge Christopher Cooper of the District of Columbia based much of his ruling on the fact that the plaintiffs couldn't allege identity theft risks if their Social Security or credit card numbers hadn't been stolen.
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.
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.