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Preserving the Crown Jewels: Practical Strategies for Protecting Source Code in Patent Litigation Discovery
In today's Internet age, the most valuable asset belonging to many of the world's most successful organizations is “source code” ' the programming underlying all software operating systems, databases, and applications. As a result, keeping source code from leaking to the public is of paramount concern, especially in light of the fact that source code published over the Internet can proliferate at an exponential pace with little more than a series of mouse clicks. If confidential code is released into the public domain, even inadvertently, it risks losing any trade secret protection it once enjoyed. See, e.g., Linkco, Inc. v. Fujitsu Ltd., 230 F. Supp. 2d 492, 498-99 (S.D.N.Y. 2002). In short, once the “genie” is out of the bottle, it cannot be put back in.
To preserve the secrecy of their source code, many companies impose strict security policies on their own employees. As an example, code may be restricted to a small number of secure facilities, computers, and company employees who have a specific need for access. Even employees that do gain access may be prevented from viewing or downloading a full copy of the source code, but may be restricted instead only to necessary portions of the code. Furthermore, password protection, copy protection, and source control software are ubiquitous ' making unauthorized access difficult while keeping close track of who last “checked in” and “checked out” source code from a secure server.
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.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.