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Keeping e-Secrets
Yet, as with their bricks-and-mortar counterparts, the story of how an e-business gets online hides many secrets. Just as the success of retail behemoths may lie in wringing costs out of the supply chain ' by getting the best deals from suppliers, and cutting logistics costs ranging from inbound shipping to even the shortest storage to quick distribution ' e-commerce firms face the same challenges to distinguish themselves from competitors worldwide. Some online firms may even have truly proprietary technology. Similarly, the e-analog to the real-estate-bound business of real-world stores is the effort required to find the best locations to attract customers in the always-evolving world of marketing online, whether sophisticated search-engine advertising and linking strategies are being used, or if the business is simply selecting and defending a good domain name.
In fact, e-commerce and tech firms face constant threats to secrecy and challenges unheard of by their real-world predecessors. Today, for example, businesses that work with data about individuals, whether that data is a record of credit-card transactions or is housed in more complex medical databases, must comply with complex burdens to maintain the confidentiality of the people to whom the data pertains. As the many recent headlines about privacy breaches reveal, protecting against the risk ' and cost ' of worldwide criminals' vigilance to gain instant access to that data must be as much a part of any e-commerce firm's business plan as its marketing strategy.
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.