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U.S. Cybersecurity's Path from Legislative Debate to Executive Action
The effective defeat recently of the proposed Cybersecurity Act of 2012 (S. 2105) (www.govtrack.us/congress/bills/112/s2105/text) due to the failure in the Senate to secure the 60 votes needed to cut off a filibuster, appears to the mark the end of this year's efforts to enact legislation confronting the threat of cybersecurity to critical U.S. infrastructure. Perhaps inevitably, in an election season the Congress could not choose between two very different visions.
That some action is needed in the realm of cybersecurity is the one thing beyond debate. Over the last year, supporters of various versions of legislation have emphasized that the nation's critical infrastructure ' including electrical grids, water stations and telecommunications systems ' is a target for cyber-attacks. Indeed, in July, the head of the National Security Agency and the U.S. Cyber Command (www.defense.gov/home/features/2010/0410_cybersec) said that computer attacks on U.S. infrastructure had increased 17-fold between 2009 and 2011, and expressed the view that, on a scale of 1-10, U.S. preparedness for a large cyber-attack is around a three.
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.