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"State privacy law initiatives to prepare for in 2020" by Amanda R. Lawrence, Sasha Leonhardt, and David Rivera (Law360)
The California Consumer Privacy Act, which went into effect on Jan. 1, gave California residents the broadest rights in the nation to learn what data a business has about them, to request that the business delete that data and to demand that the business not sell their data. The CCPA opened a...
Articles"Managing legal risks to U.S. companies from foreign cyberattacks" by Amanda R. Lawrence, Sasha Leonhardt, and James C. Chou (Cybersecurity Law Report)
Protecting online systems against individual hackers has been a top priority for companies for several years, but as we begin a new decade, a new threat has risen to the forefront: well-funded and sophisticated foreign governments seeking to wage a new kind of warfare on the United States. In...
Articles"SEC risk factors: A single wrong word could cost millions" by Thomas A. Sporkin and Meredith Leeson (ABA Business Law Today)
The Securities and Exchange Commission recently proposed to simplify crucial corporate disclosures regarding legal proceedings and risk factors by moving toward a more principles-based approach; yet, the SEC continues to pursue big-dollar enforcement actions that offer filers little clarity about...
Articles"GDPR-based objections to U.S. discovery requests: 2019 year in review" by Leslie L. Meredith (Legaltech News)
U.S. civil litigants faced with an obligation to produce “personal data” protected by GDPR, the European Union’s General Data Protection Regulation, can find themselves on the horns of a serious dilemma. In 2019, the first full year since GDPR was enacted, not a single court excused compliance with...
Articles"When criminal juries disagree, but someone goes to prison anyway" by Caroline K. Eisner (Bloomberg Law)
It sounds like common sense. To send someone to prison, a jury must unanimously agree on the defendant’s guilt. But earlier this term, the U.S. Supreme Court heard oral argument in Ramos v. Louisiana , which raises the question of whether the Sixth Amendment actually requires unanimity in a state...
Articles"The hazy legal landscape of cannabis: A review" by Fredrick S. Levin, Daniel P. Stipano, Katherine L. Halliday, and Benjamin W. Hutten (Los Angeles Daily Journal)
The legality of cannabis varies widely on what product is at issue and what law applies. There is significant divergence, and at times direct conflict, between state and federal laws. Under federal law, a slight difference in chemical composition or the marketed use of a product can determine...
Articles"High Court seems skeptical of 5th Circ. sentencing practice" by Elizabeth R. Bailey and Jill Winter (Law360)
The U.S. Supreme Court heard oral arguments on Tuesday in a case that may clarify how specific a defendant’s lawyer must be when objecting to a criminal sentence, and when she must make that objection, in order to receive a more favorable standard of review on appeal. The question before the...
Articles"Stronger transatlantic cooperation could be boon for DOJ, ailing U.K. Serious Fraud Office" by Timothy J. Coley (Bloomberg Law)
The Department of Justice has over the past decade collaborated in several high-profile investigations with the Serious Fraud Office, the agency responsible for investigating and prosecuting complex financial crimes in the United Kingdom. Their work in bringing cases related to the Libor and...
Articles"Less isn’t always more: 1001(a)(1) Concealment charges in voluntary disclosure submissions" by Paige Ammons and Preston Burton (Business Crimes Bulletin)
In any investigation where a client is deposed or interviewed by a government agent, experienced lawyers should be wary of potential false statement liability under 18 U.S.C. §1001, and likely will have advised their clients of the paramount need to be truthful. Voluntary communications, initiated...
Articles"Website cookies and privacy—GDPR, CCPA, and evolving standards for online consent" by Amanda R. Lawrence, Sasha Leonhardt, and Magda Gathani (Bloomberg Law)
Virtually all companies with high-traffic websites use cookies to track visitors’ online experience, but global best practices in disclosing the use of cookies—and obtaining visitors’ consent to their use—have proven elusive despite intense scrutiny from privacy advocates. With requirements varying...
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