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SEC and CFTC Fines for Texting Augur Billions More from DOJ

In September 2022, the SEC and CFTC fined some of the largest financial services firms in the world approximately $1.8 billion for texting. Specifically, for failing to maintain or preserve “off-channel communications” on...more

DOJ Issues New Guidance on the Investigation and Prosecution of Corporations and Corporate Officers

On September 15, 2022, Deputy Attorney General Lisa Monaco announced significant revisions to the Department of Justice’s corporate criminal enforcement policies. Monaco’s remarks, delivered in a speech at New York...more

[Webinar] Financial Services Cyber Fraud: The Latest Risks and Best Responses - October 20th, 12:00 pm - 1:00 pm ET

Cyber fraud costs the financial services industry billions in losses each year and has been on the rise. Regulation has followed, creating risks of a different kind. This timely webinar will walk through some of the latest...more

Admissions of Wrongdoing Back in Vogue: SEC Enforcement Pendulum Swings

The Securities and Exchange Commission (SEC) recently announced its intention to avoid “neither admit nor deny” settlements in some cases and instead return to an Obama-era policy requiring more individuals and companies to...more

AI Insurance Company Faces Class Action for Use of Biometric Data

After a tweeting mishap, Lemonade Inc., an AI-based insurance company, faces a class action for allegedly violating New York laws against the use of biometric data without consent by using facial recognition technology to...more

Sentencing Commission Data Tool Is Deeply Flawed

This past month, federal sentencing statistics became even more important for defense lawyers. The U.S. Sentencing Commission released the Judiciary Sentencing INformation platform, or JSIN — a new data tool that provides...more

New DOJ Enforcement Team Suggests DOJ May Take Additional Efforts to Recover Cyberattack Ransoms

On October 6, the U.S. Department of Justice (DOJ) announced the launch of a National Cryptocurrency Enforcement Team (NCET) to add structure to and coordinate the DOJ’s investigative capabilities concerning unlawful uses of...more

New York City Creates Right to Sue Over Use of Biometric Data

New York City’s new biometrics law, NYC Admin. Code §§ 22-1201–1205, went into effect in July 2021. The law creates a new private right of action for persons “aggrieved” by violations. Violations might arise from at least two...more

New Cybersecurity Enforcement Through DOJ’s Civil Cyber-Fraud Initiative and the False Claims Act

On October 6, 2021, the Department of Justice opened up a new front in cybersecurity compliance when it announced a Civil Cyber-Fraud Initiative using the False Claims Act and other civil enforcement tools against government...more

Defense Lawyers Can ‘Rewrite’ the Sentencing Guidelines, One Case at a Time

Over 90 percent of federal defendants plead guilty, and 83 percent of those who go to trial are convicted on at least one count.1 In most indicted federal cases, the question is not how to persuade a jury at trial, but how to...more

Challenging Sentencing Guidelines With Comparable Cases

In December, the U.S. Sentencing Commission issued a report on the influence of the U.S. sentencing guidelines on average sentences imposed. The commission found that the guidelines "generally continue to have a substantial...more

Making Good on Its Promise: SEC Pursues Cyber Enforcement Actions Against Financial Services Companies

On August 30, the Securities and Exchange Commission (SEC) announced settled charges with several investment advisory firms and broker-dealers following email account takeovers. These settlements are the latest in a string of...more

DFS Continues Focus on Cybersecurity: Issues Ransomware Guidance and Signals Increased Enforcement Actions

The New York State Department of Financial Services (DFS) is continuing its focus on financial institutions’ cybersecurity, issuing new guidance, probing cybersecurity as part of routine examinations, and signaling increased...more

Biden Administration Issues Practical Guidance for Ransomware Attacks

On June 2, 2021, President Biden issued a memorandum providing "recommended best practices" for protecting against ransomware. The memorandum urged corporate executives and business leaders to...more

[Webinar] The California Consumer Privacy Act: Are You Ready? - August 25th, 3:00 pm - 4:00 pm EDT

Join in-house counsel, chief privacy and information officers, and C-suite leaders for an in-depth program featuring Carlton Fields' Cybersecurity and Privacy attorneys. For companies subject to the CCPA, the law ushered...more

Federal and State Officials Launch Joint Efforts to Investigate and Prosecute Fraud Related to the Coronavirus

As the coronavirus pandemic affects the normal way of life across the country, federal prosecutors and investigative agencies have begun establishing initiatives to investigate and combat fraudulent schemes related to the...more

Are You in Compliance With New York’s Newest Requirement to Develop, Maintain, and Implement Reasonable Safeguards to Protect New...

The new data security requirements provision of New York’s Stop Hacks and Improve Electronic Data Security (SHIELD) Act went into full force as of March 21, 2020, and all people and businesses, regardless of the state in...more

Compliance Tips for Distance Learning at Independent and Public Schools

In order to continue their educational mission during the COVID-19 pandemic, schools across the country, both independent and public, have responded by exploring online education or “distance learning.” ...more

When Google Meets HIPAA: Some Privacy and Regulatory Issues as Silicon Valley Enters the Health Care Space

On November 12, 2019, the U.S. Department of Health and Human Services' Office for Civil Rights announced that it would be examining Google’s collaboration with Ascension, a nonprofit health care system that operates...more

California Consumer Privacy Act: A Reference Guide for Compliance

California passed a sweeping new privacy law that will impact many businesses. The California Consumer Privacy Act of 2018 (CCPA) is the first U.S. law to grant consumers extensive rights as to their personal information and...more

Are Banks and Other Lenders Subject to the CCPA?

California’s new privacy statute imposes a number of new requirements on businesses that touch the personal information of California consumers. Its reach includes banks and financial services companies....more

On Cybersecurity, Grab the Low-Hanging Fruit

SEC Tells Firms to Stop Missing the Basics on Cybersecurity - The SEC’s Office of Compliance Inspections and Examinations (OCIE) reported in a recent Risk Alert that many investment advisers and broker-dealers are failing to...more

Supreme Court Casts a Wide Net with Rule 10b-5

The U.S. Supreme Court recently held that someone doesn’t need to have “made” a false or misleading statement to have primary liability under the securities fraud rules. ...more

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