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EU Data Protection Reforms Update
E-commerce counsel would do well to familiarize themselves with the ongoing process of reforms to the EU data protection rules due to their eventual compliance impact and because they constitute more than a simple upgrade to the existing rules. These reforms will affect not only U.S. businesses that currently have EU operations, but also any U.S. businesses without EU operations that are nevertheless active on the EU market and handle personal data. The aspect of the reforms that specifically deal with the rules on data transfers between the EU and the U.S. will also be affected, and have been the focus of particular EU political attention.
The proposed reforms to the EU data protection rules (Data Protection Directive 95/46/EC) have advanced through the EU legislative pipeline with the March 2014 plenary vote by the European Parliament approving the amendments made at its committee level. Generally speaking, the Parliament has left the constituent elements of the original proposed reforms intact and has instead focused on qualifying a number of aspects and introducing some new elements.
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.
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.