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Losing Grasp Of Technology
Let me say one word: Internet. Now, how about a couple more: Broadband Access. It's my contention that the security problems we face today in the forms of unsolicited e-mail, virus infection, phishing scams and the dreaded identity-theft issues are the direct result of giving access to powerful computers attached to the Internet via broadband access to users who are unqualified to own, use and operate such technology.
Think about it, how many of your security issues are caused by the millions of unprotected systems attached to the Internet that propagate viruses, attacks and security breeches (loss of credentials, backdoor access and other such problems)? How do you think unprotected wireless access points (WAPs) that allow hackers untraceable access will affect the problem? What about Bluetooth-enabled personal digital assistants and mobile phones that store authentication credentials and private information waiting for the trained eye to grab them? How do you think home-entertainment systems, TVs, refrigerators and coffee pots all with Internet connections will affect it?
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.
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.