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The State of U.S. Cybersecurity: Not So Good
It feels as though every day brings new national headlines about a cyberattack, an alarming trend that has piqued the interest and deep concern of plenty of U.S. organizations in both the public and private sectors. The latest iteration of an annual report, the “2014 U.S. State of Cybercrime Survey,” shows that these growing concerns have not necessarily translated into developing and deploying the proper defensive capabilities for preventing the next cybercrime disaster.
The report, which was cosponsored by PricewaterhouseCoopers (PwC), CSO Magazine, the U.S. Secret Service and the CERT Division of the Software Engineering Institute at Carnegie Mellon University, covers survey data from more than 500 executives from U.S. businesses, law enforcement and government agencies. The analysis concludes that despite some important efforts to build better cybersecurity regimes, organizations are still lagging behind the bad guys in tactical skills and technological capabilities.
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.
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.