Editors’ Note: This is the third in our fifth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Read our previous posts on Energy and Cannabis.
A year ago,...more
12/31/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Popular ,
Schrems I & Schrems II
Last week saw major innovations in the law of data transfer from the European Economic Area (EEA) to other countries, including the United States. This alert covers one of them: new guidelines from the European Data...more
On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more
7/17/2020
/ Corporate Counsel ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
National Security ,
Personal Data ,
Safe Harbors ,
Standard Contractual Clauses
Last week, the Supreme Court decided in Liu v. SEC that the SEC may continue to seek disgorgement in judicial proceedings as a form of equitable relief under the Securities Exchange Act. A ruling to the contrary would have...more
7/1/2020
/ 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)
Earlier this month, the Criminal Division of the United States Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs guidance. In considering enforcement actions against companies, prosecutors...more
Malicious cyber actors have been exploiting the COVID-19 crisis, warn the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) and the UK’s National Cyber Security Centre (NCSC) in a joint...more
4/9/2020
/ Bring Your Own Device (BYOD) ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Federal Trade Commission (FTC) ,
Fraud ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Phishing Scams ,
Popular ,
Public Health ,
Remote Working ,
Risk Management ,
Telecommuting
On Tuesday, the Supreme Court heard oral argument in Liu v. SEC, which concerns whether, or to what extent, the SEC may ask courts to disgorge defendants’ ill-gotten gains. As I discussed in a previous post, disgorgement...more
3/6/2020
/ Administrative Authority ,
Certiorari ,
Corporate Counsel ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Penalties ,
Petition for Writ of Certiorari ,
Regulatory Agencies ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Split of Authority ,
Statute of Limitations
Editors’ Note: This is the fifth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed False Claims Act trends in 2020. Up next: a look...more
1/22/2020
/ Climate Change ,
E-Cigarettes ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Exxon Mobil ,
Government Investigations ,
Healthcare Fraud ,
Misrepresentation ,
Oil & Gas ,
Prioritized Examination ,
State Attorneys General
Editors’ Note: This is the sixth in our fourth-annual end-of-year series examining important trends in data privacy and cybersecurity in the coming year. Our previous entry discussed the CCPA, energy, Brexit, health care...more
1/14/2020
/ B2B Transactions ,
Cybersecurity ,
Data Controller ,
Data Processors ,
Data Protection ,
Data Security ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
New Guidance ,
Popular