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The Changing Face of Incident Response
The drumbeat of cyberattacks is beating in an ever-faster cadence and the legal community is no exception. According to the American Bar Association, in 2020 alone, 29% of surveyed law firms said they experienced some type of cyber attack, an increase from 2019.
In its Cost of a Data Breach Report 2020, IBM reported that the average data breach cost its victim a total of $3.86 million and took 280 days to fully identify and remediate. That was the bad news. The good news, however, was that organizations that are able to act quickly to contain and stop a breach are spared a considerable portion of these expenses. Particularly, those with both incident response (IR) teams and fully tested IR plans in place saved an average of $2 million in breach costs while simultaneously limiting their legal liability and minimizing reputational damage.
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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.
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.
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.