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The Importance of Self-Regulation In Improving Digital Privacy
The National Association of Attorneys General (NAAG; www.naag.org) has made digital privacy and online children's safety the center of its 2012-13 agenda, as the new NAAG president, Maryland attorney general Douglas Gansler, made clear in a statement in June, in announcing the “Privacy in the Digital Age” initiative (see, http://bit.ly/MOEfyL).
On the heels of NAAG's initiative, Sen. John D. Rockefeller (D-WV), chairman of the Committee on Commerce, Science, and Transportation, has aimed his committee's arrows squarely at self-regulation for digital privacy, despite endorsements to the contrary from industry, the Federal Trade Commission (FTC) and, more recently, the Obama Administration.
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.