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Data Encryption And the Law
Essentially, cryptography involves the conversion of information into unintelligible text for subsequent transmission past unintended third parties (encryption), with the intended recipient then converting the text back into intelligible form (decryption). For the purposes of this article, data encryption will be the term utilized to describe the entire process.
In the online age, data encryption is favored as a means of transmitting confidential information across public spaces, whether literal or virtual, without a concomitant disclosure of the contents of the confidential information to unintended recipients. Unsurprisingly, a substantial transmission of encrypted data travels through virtual portals like the Internet. Though data encryption was once largely limited to the dissemination of military and government information, it is now employed for a myriad of reasons applicable to the average user, including for basic activities such as Web browsing and online transactions.
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.
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.