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Heightened Cybersecurity Concerns Impact IP Strategies
Recent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators, like the U.S. Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) have pressed for greater cybersecurity efforts ' with the latter's authority in this area being recently upheld by the U.S. Court of Appeals for the Third Circuit in FTC v. Wyndham Worldwide, — F.3d —, No. 14-3514 (3d Cir. 2015).
Much of the expert advice on how to analyze and bolster cybersecurity suggests major involvement of the business' management, and overlaps with assessment of the business' intellectual property positions and strategies. Such overlaps suggest that significant synergy and efficiencies can be achieved if cybersecurity and intellectual property efforts are coordinated. As cybersecurity becomes an increasing concern for many companies, increased involvement of IP counsel in strategy determinations becomes not only appropriate, but will likely be demanded by their clients. This article examines commonalities and differences between both types of efforts and how counsel can work together with the business' cybersecurity team to service a client.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.