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How Should Directors Respond to the SolarWinds Attack
It is no surprise that the SolarWinds cyberattack of December 2020 continues to be in the news on a daily basis. Why? First, it was likely a sophisticated nation-state attack. It likely affected upwards of 18,000 clients of SolarWinds. It definitely affected many United States Government agencies also. The attack was sneaky and continues to be very hard to find on affected networks. Most importantly, it happened in an area that many people had not previously considered a risk — a regular update on a critical vendor software package that many companies have installed, get regular updates on, and, when updates are issued, they just press the button to stay "install."
This article is not about "who did what wrong" or "what nation-state commenced this attack." There are enough of those articles around. What this article is really more about is, "if I am a Director, what should I be thinking about the SolarWinds attack?" Indeed as noted by former SEC Commissioner Luis Aguilar on cybersecurity:
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.