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Proposed Law Aims to Give More Privacy to e-Mail
Several of the largest technology and Internet companies have joined forces with conservative and liberal organizations in a show of solidarity for a proposed amendment to The Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. ”2510 et seq.'In a July 12 letter to the Senate, technology and Internet companies such as Microsoft, Oracle, Intel, Adobe, Facebook, Twitter, Google, and Yahoo urged passage of the amendment, which would modernize the ECPA and increase the level of protection given to emails and electronic communications from the government. See , http://bit.ly/14mhtXH.
Under the current law, government agencies wishing to seize e-mails from third-party servers (like Yahoo or Gmail) need a warrant only for e-mails less than 180 days old. After that, the e-mails are considered to be abandoned under the ECPA, and the government only needs a subpoena or court order to get them.
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.
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.
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.