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Right to Privacy: Do You Have Standing?
The legal framework of data privacy, though certainly in flux, has come a long way over the past few decades. Looking across the international spectrum, we see common themes such as notification and consent, how or whether to limit onward transfers of personal data, the right to correct (or delete) erroneous information, etc. Given a recent New York court decision, perhaps we should consider another right one might reasonably associate with privacy: the right of standing.
From a corporate perspective, there is little downside in trying to facilitate the right of standing for customers and clients. This is in contrast with the trade-offs of limiting onward transfers, which may impact a company's ability to monetize personal information. This trade-off between monetization and privacy may well lead many attorneys to suggest to their corporate clients that they limit their users' privacy rights in their privacy policy and/or Terms of Service. In the case of facilitating a user's right to attempt to quash a subpoena, however, the company has little to lose, and much to gain in terms of its customers' trust, and general business goodwill.
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.
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.
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.