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Managing the New Company Thief
It used to be that an employee desiring to steal $2 million from your company would have a hard time doing so unnoticed. Today, that employee can do so undetected while having a casual conversation with you in the office.
Up until recently, sophisticated firewalls and password protection have been relatively sufficient to protect sensitive company information. Now, these measures are anything but sufficient. The proliferation of electronic devices such as iPods, camera cell phones, thumb drives, Blackberries, flash drives, and all other sorts of downloadable devices have made all companies at risk for insider theft right under their proverbial noses. With the use of these devices, downloading significant amounts of data is easy, virtually instantaneous, and often very difficult to detect. Indeed, numerous companies have had valuable proprietary information stolen covertly by their own employees. Those that haven't yet are undoubtedly at risk. The security risks associated with these new portable electronic devices apply to essentially all companies that, in the course of doing business, allow employees' access to electronically stored, confidential, and proprietary information.
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.