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Protecting Your Firm Against Internet Threats
Everyone today is on high alert about the threats of Internet fraud, identity theft and white-collar crime ' or if not, they should be. Internet criminals are constantly cultivating new tactics, and law enforcement entities are doing everything they can to head them off.
At New York Legal Tech in January, the opening keynote address was given by David Thomas, chief of the FBI CyberDivision's Criminal Intrusion Unit. In his presentation, Thomas detailed the growing industry of cyber crime from sources in Eastern Europe, China and India. Artwork to create counterfeit credit cards (MasterCard, Visa, and AmEx) can easily be bought on the Internet. Lists upon lists of 'fulls,' which include an individual's full personal ID information including social security numbers, mother's maiden name and credit card numbers, are easily available for purchase on Internet sites.
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.