News & Analysis as of

Enforcement Email

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

BakerHostetler on

Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

BakerHostetler

FTC Releases Privacy and Data Security Update

BakerHostetler on

On March 28, 2024, the FTC released its annual Privacy and Data Security Update (Update), which highlights the enforcement actions, guidance, and rules promulgated by the agency from 2021 through 2023 to protect consumer data...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Regulatory Update — The FCC Contemplates Industry-Altering Changes to Securing Consent

On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more

Brownstein Hyatt Farber Schreck

SEC Cautions That Cyber-Related Fraud Could Evidence Failed Internal Accounting Controls

On Oct. 16, 2018, the Securities and Exchange Commission (the “SEC”) released a cautionary report discussing whether certain public companies that had become victims of cyber-related fraud may have violated federal securities...more

A&O Shearman

Can a Cyber Breach Be a Violation of Internal Controls? The SEC Says, ‘Maybe’

A&O Shearman on

On October 16, 2018, the Securities and Exchange Commission (SEC) issued a report outlining an investigation conducted by the SEC’s Division of Enforcement related to the internal accounting controls at nine public companies...more

Patterson Belknap Webb & Tyler LLP

That Settles It: Attorney Emails Can Create an Enforceable Settlement Agreement

In 2010, Lehman Brothers Special Financing Inc. (“Lehman”) commenced an adversary proceeding against Shinhan Bank (“Shinhan”) to avoid and recover pre-bankruptcy transfers made to the South Korean bank. In 2015, while a...more

Brooks Pierce

Nothing to See in This Story about the Electronic Communications Privacy Act

Brooks Pierce on

Check out this story. In it, we learn this: "Andrew Ceresney, director of the Division of Enforcement at the Securities and Exchange Commission, [told] the Senate’s Committee on the Judiciary at a hearing on Wednesday...more

Bennett Jones LLP

Porter Airlines Pays $150,000 under Canada’s Anti-Spam Law

Bennett Jones LLP on

On June 29, 2015, the CRTC announced that Porter Airlines Inc had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada’s Anti-Spam Law (CASL). CASL requires consent to send...more

Bennett Jones LLP

Defending Enforcement Under CASL: Establishing Due Diligence

Bennett Jones LLP on

In 2014, the anti-spam provisions of Canada’s Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. CASL prohibits a person from sending or causing or permitting to be...more

Dorsey & Whitney LLP

The SEC, Insider Trading, Golf And E-Mails

Dorsey & Whitney LLP on

Insider trading is generally a profit making venture. But not always as a group of golf friends recently learned – and documented in numerous e-mails that may have actually created a better evidentiary trail than the much...more

Orrick - Employment Law and Litigation

Company E-mail Use Policies: The Next Battleground for the NLRB?

As reported in prior blogs, the National Labor Relations Board (NLRB) has become increasingly active in attacking employer policies on the grounds that those policies chill employees’ rights to engage in concerted activity....more

Fenwick & West LLP

Antitrust Is Alive and Well and Lurks in Unlikely Places

Fenwick & West LLP on

A recent story in the Bay Area legal newspaper The Recorder had this headline: “Former Bazaarvoice CEO Takes Stand to Explain Damning Email.” That is not the kind of media attention that any CEO likes to have or the way he or...more

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