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Privacy and Security Obligations of Banks and Financial Institutions: An Overview of Federal Requirements
Businesses and regulators alike are re-evaluating policies, procedures, and systems for protecting private data in light of recent high-profile security breaches. In addition to increased scrutiny from the public at large, financial institutions face a growing body of law addressing the privacy and security of customer data.
Federal, state, and foreign legislators and regulators have contributed to that growing body of law. State and foreign initiatives have received considerable attention. California, for example, created a stir in 2002 by passing SB 1386, which requires any company that stores customer data electronically to notify its California customers of security breaches that affect those customers' personal information. Cal. Civ. Code '1798.82. Less recent but no less prominent, Directive 95/46/EC of the European Union set forth a wide range of privacy and security principles affecting businesses operating in the EU member states and has now been implemented, with variations, by every member state. Council Directive 95/46/EC 1995 O.J. (L 281); see also European Commission, Data Protection, at http://europa.eu.int/comm/justice_home/fsj/privacy/index_en.htm. This article focuses on federal sources of data security obligations for financial institutions, which have received less recent attention than state and foreign sources.
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.