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Criminal Liability of Executives and In-House Attorneys for Corporate Actions

April 01, 2021

Data breaches, while frequent in number and severity, remain big news events today. Even more newsworthy is when a corporate in-house attorney is criminally prosecuted in connection with his role in responding to a data breach event.

Legal Tech: The Ethics of E-Discovery In a Remote Work Environment

April 01, 2021

Just as the pandemic has challenged every aspect of our lives, the shift to a remote work environment has significantly impacted e-discovery and the ethical obligations of attorneys in this ever-evolving technological and legal landscape.

Managing a Cyber Crisis: 7 Practical Tips to Recover with Strength

March 01, 2021

As companies confront the ever-evolving cyber threat landscape, here are seven practical tips for incident response in 2021.

A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery

March 01, 2021

The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.

Depositions and Legal Proceedings in the Remote World: What Attorneys Need to Know About Security and Best Practices

March 01, 2021

Now that depositions and other legal proceedings are now virtual, remote exercises in most cases. It doesn't mean, however, that the rules have relaxed. If anything, it's more important than ever to follow best practices and pay attention to security.

Winter 2021 Privacy Alert Roundup

March 01, 2021

In this Privacy Alert Roundup, we'll take a look at Virginia's new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.

Telehealth Enforcement: Is It the Next Big Thing?

March 01, 2021

With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.

Legal Tech: Winter 2021 E-Discovery Case Law Review

March 01, 2021

In this winter e-discovery case law review, we'll cover three cases that might have turned out differently had counsel supervised e-discovery activities more adequately.

Using Legal Tech to Help Lawyers Protect Privilege and Better Serve Their Clients

March 01, 2021

A recent UK High Court ruling has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications: just because an email itself is privileged does not automatically render the documents attached to that email privileged.

March 01, 2021

Publication of content online impacts the duration of copyright protection among other purposes, including optimizing creative and ownership rights and the availability of statutory damages and attorney fees. Thus, it is important to determine when Internet distribution constitutes publication.

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Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."
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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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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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Law Firm Marketing and Business Development
Questions Every Law Firm Business Development Leader Should Be Asking
In a legal marketplace transformed by technology, heightened client expectations, and fierce competition, law firm leaders must approach strategy with rigor and clarity. The following questions, accompanied by relevant statistics and explanations, offer a focused guide for uncovering opportunity and driving sustainable growth.
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