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Department of Justice Announces Groundbreaking Whistleblower Program in its Ongoing Effort to Incentivize Voluntary Self...

Department of Justice (DOJ) Deputy Attorney General Lisa Monaco announced that the DOJ is adopting a whistleblower incentive program today at the American Bar Association’s 39th National Institute on White Collar Crime. In...more

The Department of Justice Offers Individual Corporate Wrongdoers a “Get Out of Jail Free Card” in New Voluntary Self-Disclosure...

The Department of Justice’s Criminal Division (DOJ) recently announced a Pilot Program on Voluntary Self-Disclosures for Individuals (the Individual VSD Pilot Program or Pilot Program), which allows certain individuals...more

The Department of Justice Is Building a Data Security Protection and Enforcement Program

In response to President Biden’s Executive Order authorizing increased data privacy measures, Assistant Attorney General (AAG) Matthew G. Olsen announced that the National Security Division of the Department of Justice (DOJ)...more

United States Attorney’s Offices Announce Innovative Voluntary Self-Disclosure Programs for Individuals

Last year, on February 22, 2023, the Department of Justice (DOJ) announced a corporate Voluntary Self-Disclosure (VSD) policy, which is applicable to all U.S. Attorney’s Offices, setting nationwide incentives for voluntary...more

European Commission Adopts Adequacy Decision for Transatlantic Data Privacy Framework

After years of uncertainty in the privacy rules governing transfer of data from the EU to the U.S., the new transatlantic data privacy framework has finally been adopted. On July 10, the European Commission formally adopted...more

DOJ Incentivizes Voluntary Self-Disclosure of Corporate Criminal Misconduct in Policy Directive to U.S. Attorneys’ Offices...

On February 22, 2023, the Department of Justice (“DOJ”) announced that all 93 United States Attorneys’ Offices throughout the country are implementing, effective immediately, a Voluntary Self-Disclosure Policy (“Policy”) for...more

DOJ Revisits its Corporate Criminal Enforcement Policy Offering Companies Additional Incentives to Self-Disclose, Cooperate, and...

On January 17, 2023, Assistant Attorney General (“AAG”) Kevin Polite announced revisions to the Department of Justice’s (“DOJ”) Corporate Enforcement Policy (“CEP”), which will apply to all corporate criminal matters. The...more

The European Union Opens “Tech Embassy” in Silicon Valley Ahead of New Technology Regulations

On September 1, 2022, the European Union will officially open a new liaison office in California’s Silicon Valley. The new office – coined the “tech embassy” – follows the European Council’s adoption of the Conclusions of EU...more

Supreme Court Narrows Scope of the Computer Fraud and Abuse Act

In a highly anticipated ruling, on June 3, 2021, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act’s (“CFAA”) application in Van Buren v. United States. The CFAA prohibits computer hacking and...more

White House Issues Executive Order on Improving Nation’s Cybersecurity

Last week, the White House issued a new Executive Order (the “EO” or “Order”) on cybersecurity. The EO responds to ever-increasing malicious cyber campaigns threatening the public and private sectors and the American people’s...more

Go With the Flow: Developments in Cross-Border Data Flows Following Schrems II and the Release of New Draft International Standard...

In an increasingly datafied and globalized world, businesses have become reliant upon the seamless flow of cross-border data transfers. Transatlantic data flows play an important role in the U.S. economy. The U.S. and the...more

Federal Financial Regulators Propose Rule Accelerating Cyber Threat Reporting Requirements

In December 2020, the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) issued a Notice of Proposed Rulemaking...more

Paycheck Protection Program Enforcement Actions Begin

DOJ Charges Two Men for Defrauding Federal Government Under the CARES Act - Last week, the Department of Justice (“DOJ”) brought the first U.S. criminal action stemming from the federal coronavirus stimulus program. In...more

Hospital and Healthcare Company Ransomware Attacks Increasing During COVID-19 Pandemic

On April 4, 2020, Interpol issued a warning to hospitals and healthcare companies at the forefront of the COVID-19 pandemic that cybercriminals are targeting them with ransomware attacks. Cybercriminals are using ransomware...more

Cybersecurity Risks Increasing During COVID-19 Pandemic

With the efforts at reducing the rates of transmission created by the COVID-19 pandemic, where they are able, many employers are migrating to telecommuting and remote access options. With the increase in remote access to...more

Senate Introduces The Data Care Act of 2018

On Wednesday, December 12, 2018, Senator Brian Schatz (D-HI), Ranking Member of the Communications, Technology, Innovation, and the Internet Subcommittee, introduced The Data Care Act of 2018. The bill, which is co-sponsored...more

Yates Memorandum: Rosenstein Announces Easier Path for Companies to Receive Cooperation Credit

In a speech delivered on November 29, 2018, Deputy Attorney General Rod Rosenstein announced changes to the Justice Manual regarding cooperation credit for companies facing criminal and civil investigations.1 These changes...more

Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals:...

In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...more

Department of Justice Issues First Report of Cyber-Digital Task Force

Last week, the Department of Justice (DOJ) issued the first report of its Cyber-Digital Task Force. The Task Force, which is comprised of several long-time DOJ officials, was tasked with distilling how the DOJ responds to...more

Snell & Wilmer Rolls Out Interactive Data Breach Map

Snell & Wilmer’s Breach Response Team regularly guides clients through all phases of data breach and cyber incident response, including leading internal investigations related to data breaches and cyber incidents in...more

The EU General Data Protection Regulation

This Friday is the deadline for General Data Protection Regulation (“GDPR”), yet many companies are still in the process of planning for compliance. Companies not able to meet the deadline may want to consider,...more

South Dakota’s New Breach Notification Law

On March 21, 2018, South Dakota became the 49th state to enact a breach notification law, leaving Alabama as the sole U.S. state without one. The South Dakota law will take effect on July 1, 2018. Here is a summary of several...more

FTC’s “Stick With Security” #8: Make Sure Your Service Providers Use Reasonable Security Measures

On September 15, 2017, the FTC released its eighth “Stick with Security” principle, which offers advice that individuals and organizations should consider when hiring others to process sensitive data. A few tips for making...more

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