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The Art of Cyberwarfare
Cybersecurity is at a crossroads. No longer resigned to the confines of server rooms overseen by information technology, decisions regarding the protection of data have been forced into the boardroom by events that include breaches at main street businesses and revelations of clandestine government hacking activities.
In an interview with ALM's Legaltech News, Google Inc., General Counsel Kent Walker explains: “You only need to read the news ' from credit card theft to photo hacks to widespread e-mail breaches ' to see the increase in cybercrimes by vandals, criminal hackers and even state-sponsored entities. And those attacks are becoming more sophisticated, even as people grow more wary. Our growing use of multiple connected devices improves productivity, but also expands the attack surface.”
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.