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The Equifax Breach: Why This One Is Different
On Sept. 7, 2017, the credit reporting agency Equifax reported a data breach affecting approximately 143 million U.S. consumers. Among the personally identifiable information (PII) that was compromised was name, date of birth, address, and Social Security number. For some affected individuals, driver's license number and credit card number were also compromised.
This is not the first time that a credit reporting agency has been breached, nor is it the first time that Equifax has reported a breach, with its payroll subsidiary TALX experiencing a breach concerning its online portal earlier this year. What is different with the current breach is its size and the nature of information compromised, as well as the implications of the breach in light of the increasingly complex web of cybersecurity regulations governing businesses and other organizations nationwide.
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.