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The Supreme Court Strips SEC of Fraud-Fighting Forum, Sparking Debate on Broader Implications for Federal Enforcement

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

A Proactive Playbook in a Digital World: Managing Data Preservation In Software-Based Litigation

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

What do you do when the data is changing? – eDiscovery of Dynamic Data

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

eDiscovery Pitfalls in a Remote World

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’s Under the Hood? Navigating Meta-Discovery

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

What To Do When You’re Required To “Categorize” Your Electronically-Stored Information

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

From Manila Envelopes to Algorithms: The Department of Justice Revisits Antitrust Information Sharing Guidance

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

Carrots Take Root: DOJ Significantly Revamps Corporate Enforcement Policy to Increase Incentives for Companies to Cooperate

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

“The Kid Gloves are Coming Off”: Honor Global Privacy Control Signals Before the CCPA Notice and Cure Period Expires in 2023

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

DOJ and SEC Stick Stericycle with a Two-Year Monitorship, Despite Acknowledgment of Extensive Remedial Measures

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

Winter 2021-2022 Antitrust Cartel Primer

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

A New Filter For Section 230: Snapchat Court Joins Lawmakers In Chipping Away At Social Media Immunity

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

The Schrems Saga Continues: EU Data Protection Authorities May Be Ready To Strike Down Yet Another EU-U.S. Data Transfer Mechanism

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

Flying Too Close To The Sun: The U.K. Supreme Court Places New Limits On The SFO’s Overseas Investigative Power

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

Supreme Court Upholds SEC Disgorgement, But With Some Big Asterisks

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

DOJ And SEC Divide And Conquer To Police Coronavirus-Related Securities Fraud

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

Capital One Court Sends Mixed Signals, Finds Pre-Existing Cyber-Breach Response Plan Prevents Work Product Protection

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

Plaintiffs Struggle To Prove Meat And Potatoes Of Antitrust Case As COVID-19 Throws Market Into Further Disarray

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

DOJ Doubles Down On China Initiative With New RICO Charge Against Huawei

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

Alert! Health-Tech Under The Microscope

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

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