Articles Tagged with Danziger Shapiro & Leavitt

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The Justice Department Criminal Division recently released guidance on what it considers when deciding how a corporation’s compliance program factors into its investigation and the ultimate decision as to whether to bring charges, negotiate pleas or enter into other agreements with corporations under investigation.    The Evaluation of Corporate Compliance Programs, released on April 30, 2019,  is an expansion of the 2017 guidance document issued by the Criminal Division Fraud Section.

Prosecutors Must Ask Three Fundamental Questions

Prosecutors will ask three fundamental questions to determine if a corporation’s compliance program was effective at the time of the offense and at the time of charging:

Every business owner, large or small, should take time to read the Department of Justice’s Best Practices for Victim Response and Reporting of Cyber Incidents. In today’s cyber world, it seems we cannot go a day without reading about another cyber security incident and its ramifications. For example, the Seventh Circuit Court of Appeals just last week certified a class action based upon mere allegations of future harm as a result from the Neiman Marcus data breach. In addition, the DOJ recently disclosed its successful involvement in the largest coordinated enforcement of on line organized cyber crime. This international investigation targeted a group known as Darkode where online cyber hackers shared and sold secrets to hack into other organizations’ computers. Against this backdrop, reviewing the DOJ’s suggestions regarding preventing cyber intrusion would be well worth your time as would be a quick review of my earlier blog post on an employer’s responsibility if you are hacked under the Pennsylvania Breach of Personal Information Act.

Key elements of the DOJ’s suggested response plan prior to intrusion include:

  • Having a well-established actionable plan;
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