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Most firms have extensive cybersecurity measures in place, but emerging or unclear regulatory requirements embroil them in a never-ending cycle of evaluation, best-practices review, and implementation. Firms don't just need to have their own systems secured; a responsible firm must also reduce the risk of breach at their third-party vendors. This risk continues to grow as cloud-service providers gain acceptance in law firms. As cloud service providers become commonplace, so too does a firm's responsibility to ensure their vendors are managing risk appropriately.
Managing risk presented by outside vendors is simply the cost of doing business today. “Business efficiency and price are no longer the only key factors in vendor evaluation,” says John Stambelos, CEO of Stambelos Consulting and Former Director of IT at Munger, Tolles & Olson LLP. “Security must have an equal weight in the decision-making process. Your clients demand it and new regulations are emerging across multiple industries.”
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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.
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.
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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.