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Each day, law firms, accountancy firms and corporate law departments are bombarded from the outside and the inside by threats. Threat management has become a full-time task. In mitigating external threats, firms have added layer upon layer of protection such that their security resembles an onion in trying to protect the intellectual property of both firm and clients.
Internal threats are both more difficult to pinpoint and less often reported. The tools law firms had available in the past for their discovery were generally too weak to detect data loss in real time. Only a detailed forensic analysis was able to determine the scope and breadth after the fact. Often firms are simply not aware that documents are being purloined until it becomes evident through social media or by other actions of personnel who have left the firm with documents.
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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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.