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“Cybersecurity practices need to be current and adaptable to the current threat landscape,” says Kimberly Kiefer Peretti, partner and co-chairwoman of Alston & Bird's cybersecurity preparedness and response team in Washington, DC, speaking about the Financial Industry Regulatory Authority's (FINRA) latest Report on Selected Cybersecurity Practices 2018.
The recently released FINRA report provides guidance for broker-dealer firms of various sizes on how they can mitigate the risks of cyberattacks and data theft by other means. FINRA is a nonprofit self-regulatory organization that registers broker-dealers and enforces compliance with federal securities laws and FINRA rules, and is overseen by the U.S. Securities and Exchange Commission (SEC).
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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.
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.
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