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Estimates of the amount of damage to U.S. businesses caused by computer crime vary greatly, but there is no doubt that corporate America's increased reliance on information technology has led in recent years to a dramatic increase in such losses.
A 2003 study by the Computer Security Institute and the FBI found that 90% of respondents had suffered breaches of their computer system within the past year. The study also challenged the notion that the greatest threat to organizations comes from within, or that most hackers are “juveniles on joyrides through cyberspace.”
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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.