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High-profile data breaches in the past few years have been a wakeup call for corporate America ' and made cybersecurity and data privacy the next “it” practice for lawyers. There's been a gold rush to the field, practitioners say ' and the potential rewards have attracted some Johnny-come-latelies and pushed attorneys to seek out new ways of distinguishing themselves as experts.
“Recently, the client demand for these services has definitely gone through the roof,” says Greg Parks, co-chair of Morgan Lewis & Bockius' privacy and cybersecurity practice, who is based in Philadelphia. “It is an exploding hot area right now.”
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.
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 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.
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.
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.