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Identity Theft
Recent high-profile data breaches of online retailers, banks, government agencies, and data brokers have exposed the vast potential for damage to consumers when their personal information is illegally sold or inadvertently released into the public domain. Ironically, these breaches have occurred despite the existence of comprehensive federal and state legislative schemes aimed at safeguarding personal data.
Federal legislation passed during the past several decades has sought to protect personal information housed in both government agencies and private corporations. These statutes include the Privacy Act, Gramm-Leach-Bliley Act, Truth in Lending Act, Health Insurance Portability and Accountability Act, Drivers Privacy Protection Act, Video Privacy Protection Act, Electronic Communications Privacy Act, Cable Communications Policy Act, Telephone Consumer Protection Act, and the Fair Credit Reporting Act ('FCRA').
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
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.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
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.