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Privacy and Brazilian Law
The need for laws written expressly to protect the privacy of personal consumer data is a growing global phenomenon. It began primarily in more technologically advanced countries, where communication between individuals or companies via electronic means has overtaken more traditional means of communication. In addition, countries that place a high level of importance on democratic values also tend to prioritize protection of privacy, given that individual human rights and individual freedoms are typically important values in such societies. A third relevant factor related to a country's focus on protecting privacy is the level of participation a country's citizens have in the market. A country in which its citizens participate actively in the market has a greater need for the collection, storage, sorting, sharing, and other manipulation of consumer data. Therefore, such countries become a target for individuals or organizations wishing to economically tap such information.
The need for privacy protection arises from the tension created by third parties' desires to use individuals' personal data, usually for profit purposes, and an individual's right to have his or her personal data protected from being exploited.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.