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Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure
Electronic communication and data storage have become integral to almost every aspect of our business and personal lives. Email communication, content streaming, social media, online commerce and a host of other services — along with the associated data collection and sharing — are so much a part of modern life that we often forget that the underlying digital infrastructure even exists, at least until it fails.
But that ubiquity comes with some associated risk. Each interconnected service we use increases our digital "footprint" — the trove of information about us (accurate or not) that is available online. In some cases we may explicitly agree to share that information, in others it may be collected without our knowledge, but absent extraordinary measures, information about us is constantly being collected, stored, indexed and shared. This includes not only personally identifiable information (PII) such as names, addresses, dates of birth and Social Security numbers, but also associated demographic and preference profiles, built up through the tracking of Web activity, online commerce, or even geolocation. While PII is often explicitly protected by laws or regulations, the associated profile data generally is not, and that information is often freely shared among connected services. This may be unsettling, but it is not illegal — it's simply part of the bargain we have made as an online society.
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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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.