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
5/10/2024
/ CFTC ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Pilot Programs ,
FEPA ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
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
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
4/16/2024
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Compliance ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
National Security ,
Sensitive Personal Information ,
White Collar Crimes
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
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
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
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
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
9/1/2022
/ Anti-Competitive ,
Audits ,
EU ,
European Commission ,
Mobile Apps ,
New Regulations ,
Online Marketplace ,
Search Engines ,
Silicon Valley ,
Social Networks ,
Technology
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
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
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
3/19/2021
/ Cloud Service Providers (CSPs) ,
Cross-Border ,
EDPS ,
EU ,
EU-US Privacy Shield ,
European Court of Justice (ECJ) ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Social Media ,
Standard Contractual Clauses
On January 1, 2021, Congress passed the National Defense Authorization Act for Fiscal Year 2021, an omnibus bill that includes the Anti-Money Laundering Act of 2020 (“AMLA”). The AMLA bans the use of anonymous shell companies...more
1/18/2021
/ Anti-Money Laundering ,
Anti-Retaliation Provisions ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Due Diligence ,
Enforcement Actions ,
Financial Institutions ,
FinCEN ,
Foreign Banks ,
Limited Liability Company (LLC) ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Shell Corporations ,
Suspicious Activity Reports (SARs) ,
U.S. Treasury ,
Whistleblower Awards
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
Can the SEC obtain disgorgement in civil enforcement actions? Yes.
What, exactly, is disgorgement? Well, it’s complicated.
In an 8-1 opinion, the Supreme Court held that the SEC can seek and obtain disgorgement in...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 ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
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
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
4/9/2020
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Hackers ,
Health Care Providers ,
Hospitals ,
INTERPOL ,
Ransomware
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
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
12/14/2018
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Use Policies ,
Duty of Care ,
Duty of Confidentiality ,
Duty of Loyalty ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Mobile Apps ,
Online Platforms ,
Personal Data ,
Privacy Laws ,
Proposed Legislation ,
Technology Sector ,
Websites
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
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
12/3/2018
/ Appeals ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Duty to Protect ,
Economic Damages ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Hackers ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Reasonable Care ,
Remand ,
Reversal
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’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
6/7/2018
/ Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Notification Requirements ,
Personally Identifiable Information ,
State Data Breach Notification Statutes ,
Young Lawyers
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
5/23/2018
/ Breach Notification Rule ,
Cybersecurity ,
Data Processors ,
Data Protection ,
Data Protection Officers (DPOs) ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Information Governance ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Management
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
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