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Internet Privacy: Do You Know Who's Collecting Information About You?
While savvy users of the Internet may be aware of the multitude of ways that personal information can be monitored and collected on the Web, most users are likely oblivious to the information trail they leave behind. How many readers of this publication, a population plainly concerned with privacy issues, have read the privacy policies of their favorite Web sites? If you have not, you may be surprised to learn about the amount of information collected by even the most popular and mainstream sites. For example, when a user requests and views a Web page from Yahoo!, that request is logged on Yahoo!'s servers with information including the IP address of the computer that requested the page. Even if information is not purposely collected, just about everything a person does on the Web is stored somewhere for at least some period of time.
Web surfers may take some comfort in the fact that the information they leave behind often does not itself contain their names or other personal identifying information. What the information often does contain, however, is their IP addresses. An IP address is a unique address assigned to every computer on the Internet. An Internet Service Provider can easily determine the name of a customer from an IP address used during a particular time period. As a result, finding the identity of users on the Web is often just a subpoena away.
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.