For more than a decade, the U.S. Securities and Exchange Commission (the “SEC”) has been able to bring enforcement actions in either federal court or the agency’s internal venue. Not anymore. On June 27, 2024, the U.S....more
7/1/2024
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article III ,
Civil Monetary Penalty ,
Enforcement Actions ,
Jury Trial ,
Public Rights Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Securities Fraud ,
Seventh Amendment
It’s an ever-present threat in our digital world: You get sued, and the case involves your software, website, and/or customer data. The first step in any filed or threatened litigation is to implement a litigation hold to...more
Companies rely and track granular and constantly updated data sets every day. But what do you do when you need to preserve, review, and produce that “dynamic data” in discovery?...more
In the last few years, remote work has proliferated, and with it the discovery process has become more complicated. With work-from-home as an option (if not the norm) in many industries, company data is commonly being...more
What is meta-discovery?
Discovery on discovery, or meta-discovery, is discovery directed at the manner and methods that opposing counsel used to locate, preserve, search, review, and produce relevant information....more
The familiar rigors of complying with requests for eDiscovery—searching for, reviewing, processing, and producing electronically stored information (“ESI”)—can be challenging enough. As of January 1, 2020, however, California...more
Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more
2/24/2023
/ Algorithms ,
Antitrust Provisions ,
Artificial Intelligence ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Healthcare ,
Information Sharing ,
Machine Learning ,
OIG ,
Sherman Act ,
The Clayton Act
In an apparent response to a downturn in corporate cases and criticism that its harsh rhetoric was chilling corporate cooperation, the Department of Justice (“DOJ”) recently announced significant changes to its policy on...more
On August 24, 2022, California Attorney General Rob Bonta announced a settlement with Sephora, one of the largest cosmetic retailers in the world, to resolve allegations that the company illegally sold consumer data and...more
In yet another indication that the Biden administration is continuing to ramp up white collar enforcement, the U.S. Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”) announced on April 20, 2022 that...more
This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...more
12/8/2021
/ Anti-Competitive ,
Antitrust Division ,
Burden of Proof ,
Cartels ,
Civil Investigation Demand ,
Compelled Testimony ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Discovery ,
Federal Trade Commission (FTC) ,
Grand Juries ,
Injunctive Relief ,
Investigations ,
Monopolization ,
Raids ,
Sherman Act ,
The Clayton Act ,
Whistleblowers
Section 230(c)(1) of the Communications Decency Act (codified at 47 U.S.C. § 230 (“Section 230”)) has long been credited for the boom of user generated content on the internet — the crux of social media that has driven the...more
5/25/2021
/ Communications Decency Act ,
Department of Justice (DOJ) ,
Immunity ,
Negligent Design ,
Online Platforms ,
Section 230 ,
Snapchat ,
Social Media ,
User-Generated Content ,
Website Owner Liability ,
Websites
Pathways for U.S. companies to transfer personal data out of the European Union have been repeatedly blocked by EU authorities concerned by what they perceive as gaps in data protection under U.S. laws. Schrems I invalidated...more
5/20/2021
/ Binding Corporate Rules ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Data Protection ,
Data Protection Commissioner ,
EU ,
EU-US Privacy Shield ,
Facebook ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Schrems I & Schrems II ,
Standard Contractual Clauses
In a striking rebuke, the U.K. Supreme Court found that the U.K. Serious Fraud Office (“SFO”) overstepped its authority when it tried to access corporate documents from the United States. The U.K. Supreme Court’s message to...more
2/22/2021
/ Anti-Bribery ,
Criminal Justice Act ,
Department of Justice (DOJ) ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Entities ,
Investigations ,
Mutual Legal Assistance Treaties (MLAT) ,
Serious Fraud Office (SFO) ,
UK ,
UK Brexit ,
UK Bribery Act ,
UK Supreme Court
The SEC’s authority to seek disgorgement has been a spotlight issue for the last several years, and on June 22, 2020, the Supreme Court delivered a highly anticipated ruling that will have a mixed impact. On one hand, the...more
6/26/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Petition for Writ of Certiorari ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
In early June, federal agencies brought some of the first enforcement actions against COVID-19 securities fraudsters, involving over $100 million in fraudulent claims and profits, making good on their promise to investigate...more
A recent order by a federal court in Virginia rejected arguments that a cybersecurity consultant’s data breach report, which had been prepared at the direction of outside legal counsel, qualified for work product protection....more
Class actions in the pork and cattle industry foreshadow probable antitrust enforcement and defense strategies against the backdrop of COVID-19, which has caused meat processing plant closures, severe disruptions to the...more
6/5/2020
/ Antitrust Litigation ,
Business Closures ,
Cattle ,
Class Action ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Meat Processing Plants ,
Motion to Dismiss ,
OSHA ,
Trump Administration ,
Workplace Safety
Earlier this month, DOJ released a superseding indictment in its federal case against one of the world’s largest telecommunications corporations, Huawei Technologies Co., Ltd. (“Huawei”), in the Eastern District of New York...more
When the DOJ announced that its Antitrust Division would focus attention on regulating “market-leading online platforms,” you may not have guessed it would zero in on non-competition related violations by healthcare platforms...more