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Regulators worldwide — not just in the United States — are putting in place new programs and policies that will make steering clear of enforcement bunkers even more difficult. And one of the most worrisome, according to corporate attorneys, is a new DOJ pilot program that will provide stronger incentives for whistleblowers to rat out their co-workers and employers for misconduct.
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The guidance mirrors the recent, broader impulse among U.S. prosecutors and regulatory agencies to extend application of U.S. law to foreign persons and entities, even when those persons and entities have only threadbare connections to the U.S.
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Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company's counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
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With the first cybersecurity rule for public companies, and the landscape of ongoing scrutiny and enforcement, SEC registrants should not lose time in reviewing their cybersecurity postures and policies to ensure compliance and, even ahead of formal adoption of certain still-pending rules, align with best practices.
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Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.
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The rule will generally ban employers from entering, maintaining or attempting to enter a noncompete agreement with an employee, or conveying — absent a good-faith basis — that a worker is subject to a noncompete clause.
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In a unanimous victory to the securities industry, the U.S. Supreme Court curbed investor lawsuits based on a company's mere failure to disclose known trends likely to affect their revenues.
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Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
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The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
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The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.