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Are States Taking the Lead to Enforce Digital Privacy Laws?
Recently, 37 states and the District of Columbia reached a $17 million dollar settlement with Google over its intentional circumvention of Internet users' privacy settings. The case stemmed from 'Google's bypassing of privacy settings in Apple's Safari browser to use cookies to track users and show them advertisements in 2011 and 2012.' See, 'Google to Pay $17 Million to Settle Privacy Case,' NY Times.com. This multi-state agreement followed Google's $22.5 million dollar settlement with the Federal Trade Commission (FTC) over the same practice. See, 'Google Will Pay $22.5 Million to Settle FTC Charges it Misrepresented Privacy Assurances to Users of Apple's Safari Internet Browser,' FTC.com. In total, Google has paid approximately $40 million dollars to federal and state regulators for intentionally harming the personal privacy rights of Internet users in this matter.'
Google's ability to circumvent Apple's Safari browser setting was uncovered and publicized by The Wall Street Journal on Feb. 17, 2012. See, 'Google's iPhone Tracking.' According to The Wall Street Journal's investigation, Google and several other advertising 'companies used special computer code that trick[ed] Apple's Safari Web-browsing software' into letting them track the Web-browsing habits of users who tried to protect their personal privacy. Id. After the WSJ contacted Google about its alleged illegal activities, the company disabled the code. However, one has to wonder why the WSJ needed to contact Google in order for it to stop violating the personal privacy rights of Internet users?
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.
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.
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.