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Unraveling The American Data Privacy Patchwork: Will the American Privacy Rights Act Succeed?
There are currently 16 states that have enacted individual comprehensive data privacy laws to protect their residents. With approximately 40% of the U.S. population residing in those states, the patchwork of data privacy laws in the U.S. has created significant legal challenges for companies doing business nationwide. However, with Congress taking up the new American Privacy Rights Act (APRA), those challenges may soon abate.
Introduced by Rep. Cathy McMorris Rodgers (R-WA), who chairs the House Energy and Commerce Committee, and Sen. Maria Cantwell (D-WA), who chairs the Senate Commerce, Science and Transportation Committee, the APRA is unique in the current legislative environment in that it is both bi-partisan and bi-cameral. The two sponsors of the APRA hail from Washington State, which is one of the states that have been laboring for years to pass a comprehensive data privacy law in the absence of a federal regulation. With almost one-third of US states slated to have individual comprehensive data privacy laws in effect by 2026, states and federal regulators are continuously adding to the tapestry.
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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.
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.