Features
Corporate FCPA Enforcement in the Era of Trump
<b><I>Part Two of a Two-Part Article </I></b><p> As the penalties being extracted by the United States from multinational corporations for violations of anti-corruption statutes have skyrocketed in recent years, an increasing number of other countries have begun to pass or enhance their own laws prohibiting, among other things, bribery of foreign officials, and have increased the financial penalties applicable to businesses that violate those laws.
Features
New Data Types in the App Age
While the threat of "big data" has cast a shadow over IT and legal departments for several years, the real challenge can often be the variety. The authors believe the real challenge is less about "big data" and more about "new data types" — that quickly defeat traditional collection and review tools and strategies.
Features
State of the Industry: e-Discovery and Cybersecurity
<b><i>Part One of a Three-Part Article</b></i><p>There are stark differences between e-discovery and cybersecurity, most notably that cybersecurity, as an avenue of career opportunity and responsibility, is much, much bigger. An examination of the current state of both industries coupled with a deep dive into the history of e-discovery will offer a prophetic look at the likely hiring patterns, job availability, compensation trends, and industry maturation of the cybersecurity vertical over the next decade.
Features
Information Governance: Law Firms' Cybersecurity Weak Spot
Perimeter security is only one part of a comprehensive legal data security strategy and by itself leaves open a weak spot — attackers who, using phishing or other methods, are able to bypass strong perimeter security systems, and once inside find themselves able to access a firm's emails, documents and other work product.
Features
Survey Reflects Growth in How Corporations Manage and Protect Information
Many organizations are changing their approach to leveraging cybersecurity intelligence through enhanced cooperation, detailed information sharing, and broad-based collaboration. To characterize those shifts and offer perspectives that empower effective benchmarking, for the third consecutive year, Nuix engaged my firm to interview corporate security officials. The report reflects the perspectives of 29 cybersecurity executives across a range of industries.
Features
Information Security: The Human Factor
Law firms must be diligent about their information security — not just via protection through technology, but by training staff on what to look for and how to react to cybersecurity threats. Most security breaches arise out of human error or negligence. Educating users is one of the best defenses.
Features
New York State's Financial Services Cybersecurity Regulation
The Regulation was designed to promote the protection of customer information as well as the underlying information technology systems of regulated entities in light of the ever-increasing threat of cyber attacks.
Features
Is Your Data Breach Response Plan Good Enough? Stress Test It
As the chances of a data breach incident increase, savvy businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
Features
Culture of Collaboration
<b><i>Optimal Insights Through Inter-Departmental Initiatives</b></i><p><p>As dizzying amounts of resources and the need for the timeliest insights grow, the conduit and collaboration between business development and an organization's information management department, especially, becomes more critical than ever.
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MOST POPULAR STORIES
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- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- In the SpotlightOn May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug & Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.Read More ›
