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The Myth of the Secure Cloud
In 2014, now a decade ago in cyber-time, I interviewed TecSec CEO and security specialist, Jay Wack. I asked about the security of the cloud, which at the time was starting to transform the storage of electronic information. “There's really no such thing as the cloud,” Mr. Wack told me, “there are only other people's computers.” I was not entirely surprised by his answer. He had a snappy way of coming to conclusions. In this case I said, “Oh, something like time-sharing in the old days.” This may have been true at first; but it is now worth some investigation if the present threat environment today demands a secure cloud. Even then, Jay Wack warned: “You cannot secure the network, only the data.”
The Need for Encryption
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.
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.