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The Privacy Shield Scheme: Should Your Company Join?
The Privacy Shield scheme was proposed in February 2016 to replace the Safe Harbor scheme, which was struck down by the Court of Justice of the European Union (CJEU) in the first Schrems case (Schrems 1) in October 2015.
The announcement of the creation of Privacy Shield in February 2016 was premature. But an announcement had to be made at the time, as a deadline set by the Article 29 Working Party (WP29) had expired at the end of January 2016. In February of that year, the EU Commission said it hoped that Privacy Shield would be finalized by the beginning of May 2016. Even that seemed ambitious, in part because of the criticism that Privacy Shield received from WP29 in April 2016, inter alia, that it did not offer adequate protection.
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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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.