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When I entered the data privacy and cybersecurity law space over a decade ago, it was certainly difficult to predict the myriad ways data would be collected, used and stored today. In that time, social media has exploded, devices are even more portable, appliances have gotten "smart" and technology users have gotten younger.
As so often happens, technology was and continues to be light-years ahead of the law, and businesses are increasingly facing new regulations that attempt to shut Pandora's box. Data privacy is one of the most rapidly changing areas of law as regulators and lawmakers are often playing catch-up to groundbreaking technologies that have transformed society in irreversible ways. This process has brought significant implications for businesses and corporate legal departments of all shapes and sizes, which must now retroactively incorporate various data privacy and cybersecurity considerations into their existing structures.
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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 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.
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.
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This article explores legal developments over the past year that may impact compliance officer personal liability.