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Practice Makes Almost Perfect: Test Your Incident Response Plan With Simulated Cyber Tabletop Games
Many organizations are still relying on the "wait and hope" or "it won't happen to me" approach to cyber incidents. With cyberattacks increasing in frequency and level of harm caused, the stakes are too high to avoid the inevitable.
As a result, the cost of cyber insurance is on the rise and regulatory requirements are increasing globally. Data privacy regulations are becoming increasingly complex and as the latest SEC rulings show, companies will be held increasingly accountable for not only reporting breaches sooner but ensuring company leadership has knowledge and insight into cyber risk. In addition, more businesses are facing legal actions alleging improper preparation to avoid and/or respond to a breach event. Arguably one of the best tools to assist in preparing for and avoiding some of the negative consequences of a cyber event is a tabletop simulation exercise.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.