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The cybersecurity world has changed a lot in recent years. Artificial intelligence has brought defensive capabilities that seemed like science fiction just a decade ago, but it’s also handed attackers tools of equal sophistication. Law firms find themselves caught in the middle of this change, facing challenges that go well beyond typical IT concerns.
Legal organizations hold some of the most valuable data on the planet. Corporate merger details, criminal case files, patent applications … the list goes on. Unlike other industries where a data breach might cost money and reputation, law firms face potential disbarment and the complete destruction of client relationships built over decades.
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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.
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 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.
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.