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Legal Battle Plans
Cyber security incidents are rising very rapidly. The growing number of serious attacks on essential cyber networks is one of the most serious threats the U.S. faces. See, “Report Cyber Incidents,” DHS.gov (last visited Oct. 11, 2013). One of the critical controls relating to cyber security incidents is the implementation of effective cyber security incident response plans. (The SANS Institute has published 20 critical security controls. See, “Twenty Critical Security Controls for Effective Cyber Defense,” SANS.org. See specifically, “Critical Control 18: Incident Response and Management.”) Without an incident response plan, you may not discover an attack in the first place, or, if the attack is detected, you may not follow proper procedures to contain damage, eradicate the attacker's presence and recover in a secure fashion. Id . This article recommends that legal battle plans be developed and maintained as a critical part of your cyber security incident response plans.
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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.