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CISA Passes: What It Means for Organizations and Their Data
The Cybersecurity Information Sharing Act, S. 754 (CISA) was passed by the Senate on Oct. 27, and while it still has a few hoops to jump through before it is enacted into law, the hotly debated proposed rules may considerably impact both those organizations holding sensitive data and the users to which that data belongs.
On one hand, the Act would extend protections to organizations who decide to share information with the Department of Homeland Security and the FBI, pooling it in a database designed to aid U.S. authorities in their ongoing war with cybercriminals. But on the other hand, privacy advocates believe the verbiage of the Act is far too broad in the protections it offers, and not explicit enough about how the government intends to use the information that it collects through its efforts.
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.