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Practical Approaches to the EU-US Privacy Shield
On July 12, 2016, following the Maximillian Schrems v Data Protection Commissioner decision, ECLI:EU:C:2015:650, CJEU 6 Oct. 2015, Case C-362/14, the EU Commission adopted the EU-US Privacy Shield Framework as replacement for the Safe Harbor Program providing: “Member States shall provide that the transfer to a third country of personal data (by an entity) … may take place only if … the third country in question ensures an adequate level of data protection.” See, http://bit.ly/2hkcrrV.
Privacy Shield framework prohibits personal data (defined as: “any data that could potentially identify a specific individual”) transfers outside the European Economic Area (EEA) unless a European Commission (EC) adequacy decision or an exception applies. An “adequacy decision” is a decision adopted by the EC which establishes that a third country ensures an adequate level of protection of personal data by reason of its domestic law or the international commitments to which it has entered.
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.