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In May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased frequency, law enforcement investigations of financial institutions and multinational corporations involve cooperation and information-sharing among governments, as well as among U.S. federal, state and local agencies. As Steven R. Peikin, co-director of the U.S. Securities and Exchange Commission’s (SEC) Division of Enforcement, observed in a speech in November 2017: “The level of cooperation and coordination among regulators and law enforcement worldwide is on a sharply upward trajectory.” As a result, companies have faced multiple — and often duplicative — penalties in numerous jurisdictions, particularly in the area of anticorruption enforcement.
Clients Drive Information Governance: Business Benefits Flow to Firm
By Stephen Cole
Information governance and the protection of corporate data are top concerns for law firms. To ensure standards are met, some clients are now tying payment to compliance with Outside Counsel Guidelines (OCG).
Litigation Expense Deductibility: New Appellate Court Decision
By Daniel Mayo
The Fifth Circuit Court of Appeals recently issued a decision that explains some of the requirements for deducting litigation expenses. The facts of the case are bizarre, but the controlling legal principles are not.
The International Encryption Debate: Privacy Versus Big Brother
By Robert J. Anello and Richard F. Albert
Although increased reliance on technology such as emails and texts has provided greater opportunity to gather evidence of criminal activity, law enforcement agencies around the world complain that encryption technologies make it difficult to catch criminals and terrorists and therefore should be restricted.
Are Companies Playing It Too Safe With GDPR Breach Reporting?
By Frank Ready
A new report from the law firm of Pinsent Masons shows that there has been a high level of GDPR "over-reporting" at the U.K.'s Information Commissioner's Office, but organizations who may think they are playing it safe may actually be opening themselves up to further regulatory scrutiny.
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