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New Tools for Companies Against Cybercrime
In January, the Obama administration announced a series of proposals to strengthen the country's response to cyberattacks ' including, most notably, specific amendments to the federal computer crime statute, the Computer Fraud and Abuse Act (CFAA). These changes are not only significant to the cybercrime-fighting efforts of federal prosecutors, but also to private companies.
This is because the CFAA allows companies victimized by violations of the statute to bring civil actions against the perpetrators. 18 U.S.C. 1030(g). The CFAA, among other things, makes it a crime when an individual “accesses” a computer “without authorization or exceeds authorized access” to steal data. “Without authorization” typically relates to an outside hacker, whereas “exceeds authorized access” typically relates to a company insider, like any employee who has authority to access the company computer but exceeds that authorized access.
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.