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Untangling the Costs of Cyber Breach Recovery (and Strategies to Avoid Overbilling)
The global average cost of a data breach has surged 10% in the past year, reaching a record high $4.88 million. While operational downtime and lost customers remain major contributors, a growing portion of these costs stem from inefficient post-breach responses, particularly non-compliance with regulatory standards and the fines that come along with that. With regulatory pressure mounting, companies are leaning harder on legal professionals to steer them through the post-breach maze — ensuring that every notification is compliant, every deadline is met, and every dollar spent is strategic. In a landscape where one misstep can mean millions, navigating cyber recovery has become as much a legal challenge as a technical one.
The Cost of Improper Notification
Non-compliance, in the context of a breach, goes beyond failing to meet privacy, security, and data-handling regulations ahead of the breach (which often contribute to the breach itself). It also includes failure to meet post-breach requirements, particularly those related to notification.
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.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
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.