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Recent high-profile data breaches of online retailers, banks, government agencies, and data brokers have exposed the vast potential for damage to consumers when their personal information is illegally sold or inadvertently released into the public domain. Ironically, these breaches have occurred despite the existence of comprehensive federal and state legislative schemes aimed at safeguarding personal data.
Federal legislation passed during the past several decades has sought to protect personal information housed in both government agencies and private corporations. These statutes include the Privacy Act, Gramm-Leach-Bliley Act, Truth in Lending Act, Health Insurance Portability and Accountability Act, Drivers Privacy Protection Act, Video Privacy Protection Act, Electronic Communications Privacy Act, Cable Communications Policy Act, Telephone Consumer Protection Act, and the Fair Credit Reporting Act ('FCRA').
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.
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.
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 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.