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User Behavior Analytics and Your Company's Data
IT security professionals will tell you that the bulk of spending on cybersecurity in large organizations in recent years has been toward perimeter tools like firewalls, antivirus systems and signature-based digital gatekeeping systems. And yet the relentless pace of major data breaches has shown no signs of letting up. Why? In part, it's because the perimeter itself is eroding.
The benefits of mobility and round-the-clock productivity are simply too compelling for most organizations to ignore, and the result is that more and more devices are accessing enterprise networks. Organizations continue to outsource more functions to non-employee contractors and vendors, who often require network access to be effective. And the much-hyped “Internet of Things” (IoT) opens networks up to yet another huge class of “authorized devices,” which can be exploited to orchestrate significant mischief, as the recent hacker attack on the Internet infrastructure company Dyn demonstrated so decisively, achieving sustained disruptions of service from some of the world's most prestigious online properties, including Netflix, Twitter, Amazon and Tumblr.
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.
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.
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.