Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Significant UK Court Ruling on Data Protection Liability
The UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort, thereby in this case enabling proceedings to be issued against a party outside the jurisdiction of the UK; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998, 1998 c. 29 (DPA 1998) may now be claimed, despite there being no monetary loss, the UK legal provision that had to date prevented this having now been disapplied by the Court of Appeal.
This case is particularly important because litigation for data protection infringements is rising steadily and following this ruling, the legal footing upon which to obtain compensation in court claims for data protection infringements has, for the moment at least, moved forward significantly and may pave the way in general for class actions. But, permission to appeal the Court of Appeal's ruling to the highest court in the UK, the Supreme Court, has just been allowed by that latter court, and so we will have to wait and see before drawing any final conclusions.
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.