Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Cyberinsurance: Making the Policy Fit
It seems that everyone these days, from President Obama to Facebook account holders, is concerned about cybersecurity. Data breaches and cyberintrusions are front page news, and businesses are warned to take a 'when, not if' approach to these threats.
In light of this reality of modern life, more and more businesses are treating data security as one of their most important business risks, and a growing number of insurance companies are offering policies to help businesses prevent and respond to data breaches and attacks. Cyberinsurance policies generally provide both first-party and third-party coverage for such risks. First-party protections include the costs of a forensic investigation to uncover and remediate the breach, retention of privacy lawyers to ensure compliance with relevant laws and regulations, public relations experts to mitigate reputational damage, and companies to notify affected parties of the breach and to conduct credit monitoring, if required. Third-party coverage includes the defense of lawsuits and payment of damages, and coverage for regulatory actions in connection with a security failure, privacy breach, or the failure to disclose a security failure or privacy breach.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.