Litigation

MOST POPULAR STORIES

• Strategy vs. Tactics: Two Sides of a Difficult Coin

  With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

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• 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.

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• 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.

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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.

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• Artificial Intelligence

  Disney-OpenAI’s Sora Deal: What it Signals for Licensing and Responsible AI

  The Walt Disney Co.’s newly announced, three-year licensing agreement with OpenAI to bring more than 200 characters from Disney, Marvel, Pixar and Star Wars to Sora marks a pivotal moment at the intersection of intellectual property and generative AI. For rights holders, platforms, and brands, the deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.

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