Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A Six-Step Data Privacy Program Health Check
In your organization, who owns the responsibility of managing data privacy and security risks? One of the biggest misconceptions surrounding today's data privacy and security challenges is that the responsibility lies solely with an individual function, usually thought to be either the legal or information technology departments. The truth is, data protection is the responsibility of every individual in the company, and the legal and IT departments should only be drafting contractual languages, policies, and guidelines while working in tandem with each other.
As data privacy laws become increasingly complex, one of the biggest challenges facing companies today is the determination of which set of regulatory standards it should apply within the organization. Currently, security and privacy law is comprised of directives that have created a convoluted patchwork of laws. A directive can be interpreted and enforced by each individual state. Europe is aiming to fix this convoluted approach by making a universal regulation, which would be enforced by a centralized governing body, or a “one-stop shop.” Any complaints that cover security/privacy abuse, for any company processing EU data, would go to this central authority. Currently, we know that the European commission's privacy reforms are expected to set the standards around the world on data privacy and will likely be finalized before the end of 2015.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.