Features
Dark Web Marketplace Takedowns Mitigate Legal's Cyberthreat, But Only So Much
The recent takedown of dark web marketplace AlphaBay represented a major success for law enforcement agencies in the U.S. and around the world. However, experts caution that its effect on mitigating the overall level of cyberthreat faced by corporations and law firms alike, while significant, will likely be temporary at best.
Features
Antitrust Corporate Dispositions
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel — as well as "spin-off" counsel for individual employees — can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Features
D.C. Circuit Reverses Dismissal of Case over Cyberattack, Finding Possible Harm in Data Loss
Calling for a broader view of standing, a federal appeals court in Washington, DC, has reversed the dismissal of a case brought over the 2014 cyberattack of health insurer CareFirst.
Features
Mixed Ruling in Jefferson Starship Band Name Suit
What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.
Features
Delaware Corporate Law and Chancery Review
<b><I>Key Decisions from DE's Supreme Court and Court of Chancery</I></b><p>A few recent decisions from the Delaware Court of Chancery provide practical guidance for corporate executives regarding the standard of review that the courts will apply to challenges to executive compensation decisions.
Features
Cyber Crime Now Targeting Law Firms
Cyber attacks and theft are on the rise around the country, and law firms are becoming prime targets. Unlike manufacturers, banks and retailers, law firms are unique organizations that are highly vulnerable.
Features
<b><i>Online Extra</b></i><br>Trump Cybersecurity Council Resignations Could Mean Disruption for Cybersecurity Policy
The departure of eight members of the council could signal a strained relationship between the business sector and the government around cybersecurity policy.
Features
Is Anyone Reading Your Content?
<b><I>How to Make Sure They Do</I></b><p>Giving clients and prospects valuable information is a proven way to market, but to be effective it must be the right kind of content, both in terms of style and substance. It also needs to be marketed with your end goals in mind.
Features
Challenges to the Admissibility of Evidence in the 'Omics' Era
Even though the technology is cutting edge, the admissibility of expert testimony regarding genetic testing is subject to age-old rules. This article reviews some recent decisions regarding genomics, and provides practice pointers for litigators involved in these types of proceedings.
Features
A Broadening Consensus to Narrow Asset Forfeiture
It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.
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- 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 ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- 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 ›
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- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
