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Updata: Your quarterly Data Privacy and Cybersecurity update - October - December 2020

Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity regulatory and legal developments from the...more

US Cybersecurity and Data Privacy review and update: Looking back on our 2020 articles and planning ahead for 2021

It was a tumultuous year for privacy and cybersecurity, and further uncertainty is all but guaranteed. The key to navigating this volatility, as 2020 proved, is to develop and maintain a proactive, agile and holistic data...more

FinCEN advisory highlights increased cybercrime risks during COVID-19

On July 30, 2020, the Financial Crimes Enforcement Network (FinCEN) released an advisory that signals its focus on cybercrime arising from vulnerabilities potentially created by the COVID-19 pandemic. The “Advisory on...more

Arbitration carve outs: Will the exception swallow the rule?

In a closely watched case on the construction of arbitration clauses, the US Supreme Court granted certiorari to review Schein v. Archer & White Sales, Inc. on June 15, 2020. The Petitioner, Henry Schein, Inc., (Henry Schein)...more

Cryptocurrency misappropriation, hacking, theft and fraud on target for banner year

According to one blockchain and cryptocurrency security firm, this year is on pace to be the second highest in cryptocurrency theft, hacking and fraud, with January through May 2020 already seeing $1.36 billion stolen in...more

Corrupt but not criminal: US Supreme Court tosses Bridgegate convictions

Corrupt? Yes. An abuse of power? Yes. But criminal? Not quite. On May 7, 2020, the US Supreme Court unanimously overturned the convictions of two former New Jersey public officials responsible for “Bridgegate,” a scheme that...more

DOJ further aligns Export Control and Sanctions Enforcement Policy with FCPA enforcement practices

On December 13, 2019, the US Department of Justice (DOJ) announced a revised Export Control and Sanctions Enforcement Policy for Business Organizations (Revised EC/S Policy), clarifying its prior guidance on voluntary...more

The CLOUD Act - A cross-border data access agreement rises from the fog

On October 3, 2019, the United States and the United Kingdom entered into the world’s first ever agreement (the Agreement) under the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), the text of which has now become...more

Texas bans large vessels from Houston Ship Channel, appoints new traffic cop 

On September 1, 2019, any vessel larger than 1,100 feet will no longer have open access to the Houston Ship Channel (HSC) absent approval by the newly authorized and independent Board of Pilot Commissioners for Harris County...more

FinCEN demystifies risk-focused Bank Secrecy Act/anti-money laundering supervision

Last week, the Financial Crimes Enforcement Network (FinCEN) and its regulatory partners issued a joint statement in an effort to increase transparency around risk-focused Bank Secrecy Act/anti-money laundering supervision....more

Rethinking Internal Investigation Interviews Conducted Under DOJ Direction

On May 2, a federal district court judge minced no words in castigating the Government for effectively “outsourcing” its investigation into whether a bank manipulated the London Inter-Bank Offered Rate (LIBOR) to the bank...more

DOJ updates guidance on its evaluation of corporate compliance programs

Last week, the US Department of Justice (DOJ) released its updated guidance on how prosecutors should evaluate corporate compliance programs. The revised guidance reiterates and expands on the hallmarks of successful...more

Russian telecom giant to pay record-breaking penalty for FCPA violations

On March 6, 2019, Mobile TeleSystems PJSC (MTS) consented to pay an $850 million sanction—the largest Foreign Corrupt Practices Act (FCPA) criminal penalty ever paid to the United States—and to a three-year monitorship to...more

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