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In recent months, the U.S. Department of Justice (DOJ) has raised expectations for companies to use data analytics to monitor the effectiveness of their compliance programs and to identify potential misconduct. By its terms, data analytics is the process of analyzing raw data in order to discover useful information to inform conclusions and decision-making. The DOJ has increasingly used data analytics to identify potential wrongdoing and has recently sent the message that it expects companies to follow suit and incorporate data analytics in their compliance programs. In June 2020, the Criminal Division of the DOJ issued revised guidance (June 2020 Guidance) about how it will evaluate corporate compliance programs, and it included specific references to the use of data analytics. U.S. Dep’t of Justice, Criminal Div., Evaluation of Corporate Compliance Programs (June 2020).
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By Mark Sangster
In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
By Emil Sayegh
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
By Abeer Abu Judeh
There are numerous “gameplays” to reduce risks when selecting and hiring a technology vendor. Whether you are able to accept a risk and to what extent are not always clear. Just know that, like in chess, your opening move to an IT deal can be your most powerful.
By Nicholas Gaffney
A Q&A with Bobby Malhotra of Munger, Tolles & Olson LLP, Los Angeles.