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Get Ready for California's Version of the EU General Data Protection Regulation
The entertainment industry is intensely focused on data collection and analytics as it seeks to maximize the exploitation of digital content. Just as those of us in the privacy field had begun to have a slight breather as much of the heavy lifting on the European General Data Protection Regulation (GDPR) was finally behind us, lawmakers in California have passed the California Consumer Privacy Act of 2018 (CCPA).
The CCPA, which will take effect on Jan. 1, 2020, will require companies that process the personal data of residents of California to observe restrictions on data monetization, provide for data subject rights that are similar to those found in the GDPR, update their privacy policies and to take steps to protect against the possibility of penalties and liquidated damages.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.