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Fall 2020 Data Privacy Updates
If it feels like California has gotten a lot of attention for their data privacy laws lately, you certainly aren't wrong. Despite the California Consumer Privacy Act (CCPA) going into effect in January of this year, the regulations weren't yet finalized until after full enforcement of the law began in July. In August, the California Attorney General's office made a surprise announcement that the regulations were final and in fully in effect. Then, a little over two months later, the people of California again voted on a significant privacy law, this time referred to as the California Privacy Rights Act (CPRA).
In this quarter's Data Privacy Update, we'll take a look at a few states that are pursuing privacy laws of their own or adding to their existing regulations. Two of those laws come from large states that cover a lot of business — one of which could have an impact on a similar scale to the CCPA.
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.
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.