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Is Genetic Information the Next Privacy Battleground?
Though it has been on the books for over two decades, the Illinois Genetic Information Privacy Act (GIPA) has recently gathered steam; over 40 class actions were filed in 2023 alone.
At its core, GIPA regulates the collection and use of genetic information by employers, employment agencies, labor organizations, licensing agencies, and other entities. According to recent GIPA class-action suits, the mandating of pre-employment physicals or health interviews required potential employees to improperly disclose their family medical history as a condition of employment. GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages — $2,500 per negligent violation, up to $15,000 per intentional or reckless violation — could make GIPA the next major trend in privacy class action litigation.
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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.