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To Avoid Claims, Assess Privacy Impacts of Marketing And CRM
Companies are increasingly relying on innovative and edgy digital marketing campaigns to promote their products and services. Campaigns often include user-generated content, viral marketing, the brand's website, a mobile application, and other social media and social networking elements. Companies are also looking to harness data through loyalty programs and consumer tracking to better understand, serve and reach their customers.
Big data and the interactivity of digital marketing are powerful tools for marketers, but consumer data protection laws have evolved in recent years, resulting in new and heightened compliance and risk management issues that need to be addressed when executing advanced advertising campaigns and consumer relationship management (CRM) programs. This can be done effectively if a company develops a privacy-by-design compliance culture that implements a process of conducting impact assessments before launching new products, services, campaigns or programs that could have an effect on consumer privacy or data protection. Such assessments can also incorporate analysis of traditional consumer protection impacts, such as compliance with advertising and sales laws, and analysis of intellectual property impacts (both third-party infringement risks and protection of company IP). This will help legal and compliance personnel gather the relevant information from product and marketing teams to assess legal impacts during the development process so that products and sales and marketing can be designed in a manner that minimizes potential liability, while also achieving business goals.
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.