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Legislative Update: EU Issues New Data Protection Proposals
Much as was anticipated, the European Commission (the Commission) announced its long-awaited proposals on Jan. 25, 2012, on what are likely to be viewed as drastic changes to data protection law in Europe. The aim of the proposals is to make EU privacy laws fit for the 21st century, and they seek to both change the system and increase penalties for breach, with fines of up to 2% of a corporation's annual global turnover. They also seek to introduce data breach laws similar to those that exist in most U.S. states, but possibly with a requirement to report a breach within 24 hours.
The European Union (EU) introduced the initial Data Privacy Directive (the Directive) in 1995, although a number of European countries had their own data protection laws that pre-dated the Directive. The Directive sought to give each country in the EU a template to follow for its own data protection laws. Theoretically, the law in each country must include the provisions mandated by the Directive, although additional measures are also permitted over and above its requirements. Implementation and enforcement is left to each country in the EU, which has led in some instances to conflicts, complexity and inconsistencies.
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.
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.