On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more
9/12/2024
/ Antitrust Litigation ,
Antitrust Provisions ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Destruction of Evidence ,
Document Destruction ,
Duty to Preserve ,
Electronic Communications ,
Enforcement Priorities ,
Failure To Preserve ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
Google ,
Intentional Spoliation ,
Monopolization ,
Obstruction of Justice ,
Popular ,
Sanctions ,
Search Engines ,
Sherman Act ,
Spoliation ,
Text Messages
The settlements announced by the SEC and CFTC on Monday are a continuation of the regulators’ focus on off-channel communications by employees of registered entities....more
8/11/2023
/ Books & Records ,
Bring Your Own Device (BYOD) ,
Broker-Dealer ,
CFTC ,
Civil Monetary Penalty ,
Commodity Exchange Act (CEA) ,
Data Preservation ,
Data Retention ,
Electronic Communications ,
Enforcement Actions ,
Financial Services Industry ,
Hedge Funds ,
Mobile Apps ,
Private Equity ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Settlement ,
Swap Dealers
Reconciling Recordkeeping Requirements Against the Prudence of Data Remediation -
As we have covered in previous alerts, the SEC and other regulators have intensified their scrutiny of the retention of electronic...more
The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are long-standing...more
5/24/2023
/ Amended Rules ,
Books & Records ,
CFTC ,
Compliance ,
Data Preservation ,
Department of Justice (DOJ) ,
Discovery ,
Electronic Communications ,
Employment Policies ,
Enforcement Actions ,
Instant Messaging Apps ,
Mobile Devices ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC)
In a March 3 speech at the ABA’s Annual National Institute on White Collar Crime, Kenneth Polite, chief of the DOJ’s Criminal Division, announced that the Criminal Division’s Evaluation of Corporate Compliance Programs (the...more
In September 2022, the U.S. Department of Justice (DOJ) issued a memo announcing revisions to the DOJ’s corporate criminal enforcement policies and practices....more
An investment management company was recently hit with $200 million in fines for failing to track employees’ use of personal messaging apps, which resulted in the loss of communications that were subject to regulatory...more
2/11/2022
/ Broker-Dealer ,
Compliance ,
Data Retention ,
Electronic Communications ,
Employer Liability Issues ,
Enforcement Actions ,
Instant Messaging Apps ,
Investment Management ,
Litigation Hold ,
Policies and Procedures ,
Record Retention ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
As courts and litigants adapt to the new normal by instituting social distancing measures through remote hearings and depositions, how we preserve, collect and produce documents should not be an afterthought. While the...more
In this day and age, advocacy starts with competence in ESI issues. An effective advocate must be able to assess e-discovery needs and issues, implement appropriate preservation procedures, advise clients on options for...more
It has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not follow the “no-longer-new 2015 Amendments.” Recently, in Fischer v. Forrest,...more